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Full text of "North Carolina Register v.12 no. 16 (2/16/1998)"



^ NORTH CAROLINA 

REGISTER 



# 



# 



, 


REC^§£tiMi 


1 

12 • 


ISSUE 16 • Pages 1472 - 1605 




rte 1-^ ' 


February 16, 1998 




KATHRINE X. EVEREl i 






. 


LAW LIBRARY 






i 


^ 


IN THIS ISSUE 


- 


\ 


Executive Order 




5^ 


Municipal Incorporations Petition 
Voting Rights Letters 
Administrative Hearings, Office of 






Auctioneers, Commissiofi for 
Commerce 


^ 


^ 


Cultural Resources 


5 




Derrtai Examiners 


^^ 


^ 


Environment and Natural Resources 


S 
^ \ 




Health and Human Services 

Labor 

Plumbing, Heating & Fire Sprinkler Contractors 


,\ 




Professional Engineers and Land Surveyors 


«;- 




Revenue 


■■■s^ % 




Rules Review Commission 




^ 


Contested Case Decisions 


PUBLISHED BY 






The Office of Administrative Ht 


'.arings 




Rules Division 






PO Drawer 27447 






Raleigh, NC 27611-7447 






Telephone (919) 733-2678 






Fax 


(919) 733-3462 







This publication is printed on permanent, acid-free paper in compliance with G.S. 125-11.13 



For those persons that have questions or concerns regarding the Administrative Procedure Act or any of its 
components, consult with the agencies below. The bolded headings are typical issues which the given agencj 
can address, but are not inclusive. 



Rule Notices. Filings. Register^ Deadlines. Copies of Proposed Rules, etc. 

Office of Administrative Heanngs 

Rules DiMsion 

Capehart-Crocker House (919) 733-2678 

424 North Blount Street (919) 733-3462 FAX 

Raleigh, North Carolina 27601-2817 



contact Mollj Masich, Director APA Services 
Rub> Creech, Publications Coordinator 



mmasich@oah state nc us 
rcreech@oah state nc us 



Fiscal Notes & Economic Analysis 

Office of State Budget and Management 

1 1 6 West Jones Street 

Raleigh, North Carolina 27603-8005 

contact Mark Sisak, Economist III 
Anna Tefft, Economist II 



(919)733-7061 
(919) 733-0640 FAX 

msisak@osbm state nc us 
ateffi'a'osbm state nc us 



Rule Review and Legal Issues 

Rules Review Commission 
1307 Glenwood Ave , Suite 159 
Raleigh, North Carolina 27605 

contact Joe DeLuca Jr , Staff Director Counsel 
Bobby Br>an, Staff Attorney 



(919)733-2721 
(919) 733-^415 FAX 



Le gislative Process Concerning Rule Making 

Joint Legislative Administrauve Procedure Oversight Committee 

545 Legislative Office Building 

300 North Salisbury Street (919) 733-2578 

Raleigh, North Carolina 276 U ^ (919) 715-5460 FAX 



contact Mar\ Shuping, Staff Liaison 



marys@ms ncga state nc us 



County and Municipality Government Questions or Notification 

NC Association of County Commissioners 

2 1 5 North Dawson Street (9 1 9) 7 1 5-2893 

Raleigh, North Carolina 27603 



contact: Jim Blackburn or Rebecca Troutman 

NC League of Municipalities 
215 North Dawson Street 
Raleigh, North Carolina 27603 

contact: Paula Thomas 



(919)715-4000 



This publication is printed on permanent, acid-free paper in compliance with G.S. 125-11.13 



I 



NORTH CAROLINA 
REGISTER 




I 



Volume 12, Issue 16 
Pages 1472 - 1605 



February 16, 1998 



This issue contains documents officially filed 
through January 26, 1998. 



Office of Administrative Hearings 

Rules Division 

424 North Blount Street (27601) 

PO Drawer 27447 

Raleigh, NC 27611-7447 

(919) 733-2678 

FAX (919) 733-3462 



Julian Mann 111, Director 

Bradley Buie, Acting Deputy Director 

Molly Masich, Director of APA Services 

Ruby Creech, Publications Coordinator 

Jean Shirley, Editorial Assistant 
Linda Richardson, Editorial Assistant 



$ 



IN THIS ISSUE 

I. EXECUTIVE ORDERS 

Executive Order 127 1472 - 1478 

n. IN ADDITION 

Municipal Incorporations Petition 1479 

Voting Rights Letters 1480 - 1481 

ffl. RULE-MAKING AGENDA 

Environment and Natural Resources 1482 - 1488 

rv. RULE-MAKING PROCEEDINGS 
Environment and Natural Resources 

Coastal Management 1489 

Environmental Management 1489 

V. PROPOSED RULES 

Administrative Hearings, Office of 

Civil Rights Division 1508 - 1510 

Licensing Boards 

Plumbing, Heating & Fire Sprinkler Contractors 1490 - 1492 

Professional Engineers and Land Surveyors . . . 1492 - 1508 
VI. TEMPORARY RULES 
Cultural Resources 

USS North Carolina Battleship Commission ... 1511 
Environment and Natural Resources 

Departmental Rules 1511-1518 

Wildlife Resources Commission 1518 - 1520 

Vn. APPROVED RULES 1521 - 1590 

Commerce 

Community Assistance 
Environment and Natural Resources 

Coastal Management 

Health Services 

Water Pollution Control System Operators 
Health and Human Services 

Facility Services 
Labor 

Occupational Safety and Health 
Licensing Boards 

Auctioneers, Commission for 

Dental Examiners 
Revenue 

Corporate Income and Franchise Tax Division 

License and Excise Tax Division 

Sales and Use Tax 

Vm. RULES REVIEW COMMISSION 1591 1594 

IX. CONTESTED CASE DECISIONS 

Index to AU Decisions 1595 - 1604 

X. CUMULATIVE INDEX 1-78 



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EXECUTIVE ORDER 



I 



EXECUTIVE ORDER NO. 127 
NORTH CAROLINA BOARD OF ETfflCS 



i 

# 



# 



WHEREAS, the people of North Carolina entrust public 
power to elected and appointed officials for the purpose of 
furthering the public, not private or personal, interest; and 



WHEREAS, to maintain the public trust it is essential that 
government fuinction honestly and fairly, free from all forms of 
impropriety, threats, favoritism, and undue influence; and 

WHEREAS, elected and appointed officials must maintain 
and exercise the highest standards of duty to the public in 
carrying out the responsibilities and functions of their 
positions; and 

WHEREAS, acceptance of authority granted by the people to 
elected and appointed officials imposes a commitment of 
fidelity to the public interest and such power cannot be used to 
advance narrow interest for oneself other persons or groups; 
and 

WHEREAS, self interest, partiality and prejudice have no 
place in decision making for the public good; and 

WHEREAS, Public Officials must exercise their duties 
responsibly with skillful judgment and energetic dedication; 
and 

WHEREAS, Public Officials must exercise discretion with 
sensitive information pertaining to public and private persons 
and activities; and 

WHEREAS, to maintain the integrity of North Carolina's 
state government, those entrusted with authority must exercise 
it for the good of the public and treat every citizen with 
courtesy, attentiveness and respect; and 

WHEREAS, because many public officials serve on a part- 
time basis, it is inevitable that conflicts of interest and 
appearances of conflict will occur. Often these conflicts are 
unintentional and slight, but at every turn those who represent 
the people of this State must be certain that it is the interests of 
the people, and not their own, that are being served. Officials 
should be prepared to remove themselves immediately from 
decisions, votes, or processes where even the appearance of a 
conflict of interest exists; and 

WHEREAS, the State of North Carolina is committed to the 
responsible exercise of authority by persons of honor and good 
will in their government, by adopting a stronger procedure to 
prevent the occurrence of conflicts of interest in government 
and to resolve conflicts when they do occur. 



NOW, THEREFORE, by the power vested in me as 
Governor by the Constitution and laws of the State of Nonh 



Carolina, IT IS ORDERED: 

Section L, Rescission of Executive Order No. L. 

Executive Order Number 1, dated January 9, 1993, and all 
subsequent amendments thereto are hereby rescinded. All 
records, including Statements of Economic Interest and other 
resources of the North Carolina Board of Ethics created 
pursuant to Executive Order Number 1 , are transferred to the 
North Carolina Board of Ethics created herein. 

Section 2^ North Carolina Board of Ethics. 

There is hereby established the North Carolina Board of 
Ethics ("Board"). The Board shall consist of seven persons 
appointed by the Governor. Those individuals now serving on 
the Board of Ethics created by Executive Order Number I are 
appointed, effective immediately, as members of the Board 
created by this Order. To provide for staggered terms, the 
Governor shall designate three members to serve initial terms 
of two years, two members to serve initial terms of three years, 
and two members to serve initial terms of four years. 
Thereafter, each member shall serve a term of four years. No 
member shall be removed from the Board absent misfeasance, 
malfeasance, or nonfeasance as determined by the Governor. 
The Governor shall, from time to time, designate one of the 
members as Chair. The members shall receive no 
compensation, but shall receive reimbursement for any 
necessary expenses incurred in connection with the performance 
of their duties pursuant to North Carolina law and procedure. 
Vacancies on the Board shall be filled for the remainder of the 
term by appointment of the Governor. 

Section i. Persons Subject to this Executive Order. 

The following persons are subject to this Executive Order 
and to the jurisdiction of the Board and shall hereafter be 
referred to as "Public Officials." 

a. All employees in the Office of the Governor. 

b. The heads of all principal State agencies who are 
appointed by the Governor. 

c. The chief deputy or chief administrative assistant to each 
of the aforesaid heads of principal State agencies. 

d. All "confidential" assistants or secretaries to the aforesaid 
agency heads (or to the aforesaid chief deputies and assistants 
of agency heads) as defined in North Carolina General Statute 
§ 126-5(c)(2). 

e. All employees in policy-making positions as designated 
by the Governor pursuant to the State Personnel Act as defined 
in North Carolina General Statute § 1265-(b), and all 
"confidential" secretaries to these individuals. 

f. Any other employees or appointees in the principal State 
agencies, except in those Agencies headed by an elected official 
other than the Governor, as may be designated by the Governor 
or by the Board with the Governor's consent, to the extent such 
designation does not conflict with the State Persoimel Act. 

g. The members appointed by the Governor to boards, 
commissions, and councils, except those boards, commissions. 



12:16 



NORTH CAROLINA REGISTER 



February 16, 1998 



1472 



EXECUTIVE ORDER 



and councils which, in the Board's opinion, perform solely 
advisory functions. 

h. Individuals made subject to this Executive Order pursuant 
to Section 9 below. 

i. Members of the Board. 

The departments, boards, commissions, councils, and other 
State entities identified above in which Public Officials serve 
are hereafter collectively referred to as "Agencies" (or 
"Agency" as conie.xt may require). 

Section 4. Duties and Powers of the Board. 

a. The Board shall provide reasonable assistance to Public 
Officials in complying with the terms of this Order. 

b. The Board shall develop readily understandable forms, 
policies, and procedures to accomplish the purposes of this 
Order. 

c. The Board shall review all Statements of Economic 
Interest filed by prospective and actual Public Officials to 
evaluate whether: 

1 . the Statements conform with the terms of this Order; 

2. the Statements comply with the Board's forms, 
policies, and procedures; and, 

3. the financial interests and other information reported 
reveals an actual or potential conflict of interest. 

d. The Board shall prepare a written evaluation of each 
Statement of Economic Interest. The Board shall submit 
written evaluations: 

1. to the Public Official who submitted the Statement; 

2. to the head of the Agency in which the Public 
Official serves; 

3. to the Governor for gubernatorial appointees and 
employees in Agencies under the Governor's 
authority; and, 

4. to the appointing or hiring authority for those Public 
Officials subject to this Order pursuant to the 
provisions of Section 9 below. 

The Board shall make everv' reasonable effort to prepare and 
submit evaluations of prospective Public Officials as promptly 
as possible. 

e. Any person ina\' file a complaint with the Board regarding 
the actions of any Public Official. A complaint shall: 

1. contain the name, address, and telephone number of 
the individual filing the complaint; and, 

2. include a summary of the facts giving rise to the 
complaint. 

A Public Official against whom a complaint is filed, and all 
other individuals against whom allegations are made in a 
complaint, shall be given an opponunity to file a written 
response with the Board. The Board shall give full and fair 
consideration to all complaints and responses received. 

f. The Board shall have full authoritv' to investigate filed 
complaints. The Board also is authorized to unilaterally initiate 
investigations upon the request of any Board member if, in the 
Board member's discretion, there is reason to believe that a 
Public Official has or may have violated this Executive Order. 
In determining whether there is reason to believe that a 
violation has or may have occurred, a Board member can take 



general notice of available information even if not formally 
provided to the Board in the form of a complaint. As provided 
in Section 1 1 of this Order, the Board may utilize the services. " 
of hired investigators when conducting investigations. ( 

Public Officials shall promptly and fully cooperate with the 
Board in any Board related investigations. Failure to cooperate 
fully with the Board in any investigation shall be grounds for 
sanctions as set fonh in Section 10 of this Order. 

g. The Board shall render formal and binding opinions of its 
findings and recommendations made pursuant to complaints or 
Board investigations. Formal and binding opinions issued by 
the Board shall be published periodically. The Board shall 
forward a copy of formal and binding opinions to: 

1. the Public Official whose conduct is at issue; 

2. the complainant (if applicable); 

3. the head of the Agency in which the Public Official 
serves; 

4. the Governor for all gubernatorial appointees and 
employees within Agencies under the Governor's 
authority; and, 

5. the official responsible for hiring or making the 
appointment of the person investigated. 

h. The Board shall render advisor,' opinions as may be 
requested by any Public Official, any individual not otherwise 
a Public Official who is responsible for the supervision or 
appointment of someone who is a Public Official, and those 
individuals designated in Sections 5 and 6 who happen not to 
be Public Officials. The request shall be in writing and relate 
prospectively to real or reasonably-anticipated fact settings or; 
circumstances. The Board shall issue advisory opinions having V. 
prospective application only. Staff to the Board may issue 
advisor)' opinions under such circumstances and procedures as 
may be prescribed by the Board. 

i. The Board shall interpret the provisions of this Order and 
such interpretations shall be binding on all Public Officials. 
Any conflict between a provision in this Order and other North 
Carolina law (such as the North Carolina Administrative Code, 
North Carolina General Statutes, and State Constitution) shall 
be resolved in favor of the law. 

j. The Board shall submit a report annually to the Governor 
on its activities and generally on the subject of public 
disclosure, ethics, and conflicts of interest. The report shall 
include recommendations for administrative and legislative 
action. 

k. The Board shall meet, at the call of the Chair, to carr>' out 
its duties. 

1. The Board shall perform such other duties as may be 
necessarv' to accomplish the purposes of this Order. 

Section 5^ Duties of the Heads of State A gencies. 

a. The head of each State Agency (which term includes the 
chair of each board, commission and council subject to this 
Order) shall maintain familiarity with the repons, opinions, 
newsletters, and other communications from the Board of 
Ethics pertaining to actual and potential conflicts of interest ol 
Public Officials. When an actual or potential conflict of 
interest is cited b\' the Board of Ethics in reeard to a Public 



1473 



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February 16, 1998 



12:16 



EXECUTIVE ORDER 



# 



# 



Official sitting on a board, commission, or council, then the 
conflict shall be recorded in the minutes of the applicable 
board, coinmission, or council and such notation shall be duly 
brought to the attention of the membership of that board, 
commission, or council by the entity's chair on a regular basis. 

b. The head of each State Agency shall take all reasonable 
steps to ensure that Public Officials within the Agency 
continually monitor their personal affairs to avoid taking any 
action which results in a conflict of interest or appearance of 
conflict. The chair of any board, commission, or council 
which is an Agency under this Order shall take any action 
which is reasonably necessary to ensure compliance with this 
provision. At the beginning of any official meeting of a board, 
commission, or council, the chair shall remind the members of 
their duty to avoid conflicts of interest and appearances of 
conflict. The chair also shall inquire as to whether there is any 
known conflict of interest or appearance of conflict with respect 
to any matters before the board, commission or coimcil. 

c. Legal counsel employed by or assigned to Agencies shall 
advise Public Officials on ethical considerations in carrying out 
Public Officials' duties of service for the public good. Legal 
counsel so engaged may consult with the Board of Ethics, seek 
the Board's assistance or advice, and refer Public Officials and 
others to the Board of Ethics as appropriate. 

Section 6. Ethics Education and Awareness Program. 

a. The Board of Ethics shall initiate and maintain oversight 
of educational programs designed to instill in all Public 
Officials: 

1. a keen and continuing awareness of the ethical 
obligations of Public Officials; and 

2. sensitivity to situations that might result in real or 
potential conflicts of interest or appearances of 
conflict. 

b. The Board shall develop a workshop/seminar program 
which shall be presented periodically to all Agency heads and 
their chief deputies or assistants. The program shall stress the 
Rules of Conduct for Public Officials as set out below and 
provide attendees with practical tools to aid in identifying and 
neutralizing real or potential conflicts of interest. 

c. With the assistance of the Board, each Agency shall 
develop in-house educational programs and procedures tailored 
to meet the Agency's particular needs for ethical education, 
conflict identification and avoidance. 

d. Each Agency head shall designate an ethics liaison who 
shall maintain active communication with the Board on all 
agency ethical issues. The ethics liaison shall continuously 
assess and advise the Board of any issues or conduct which 
might reasonably be expected to result in a conflict of interest 
and seek advice and rulings from the Board as to their 
appropriate resolution. 

e. The Board shall publish a newsletter containing copies of 
the Board's opinions, policies, procedures, and interpretive 
bulletins as issued from time to time. The newsletter shall be 
distributed to all Public Officials. 

f. The head of each State Agency shall maintain familiarity 
with and stay knowledgeable of reports from the Board of 



Ethics regarding actual and potential conflicts which involve 
Public Officials in his or her Agency. 

g. The head of each State Agency shall periodically remind 
Public Officials imder the head's authority of their duties to the 
public under the Rules of Conduct herein, including the duty of 
each Public Official to continually monitor, evaluate, and 
manage his or her personal, financial, and professional affairs 
to ensure the absence of conflicts of interest or appearances of 
conflict. 

h. The Board shall prepare a compilation of relevant North 
Carolina laws, including provisions from the North Carolina 
Constitution, General Statutes and Administrative Rules, that 
set forth ethical standards applicable to Public Officials. The 
compilation also shall include the text of this Order (including 
any amendments which from time to time may be adopted), 
policies and procedures adopted by the Board, and any other 
ethics-related information deemed by the Board to be necessary 
and appropriate for inclusion. This compilation shall be 
published and provided to Public Officials. 

Section 7. Rules of Conduct for Public Officials. 

Public Officials shall perform their official duties in a manner 
to promote the best interests of the public. To help ensure the 
proper performance of their duties, the following Rules of 
Conduct are adopted. 

a. Conflicts of Interest 

1. A Public Official shall not knowingly use his or her 
position in any manner which will result in financial 
benefit, direct or indirect, to the Public Official, the 
Official's family, or an individual with whom or 
business with which the Public Official is associated. 

(a) This provision shall not apply to financial and 
other benefits derived by a Public Official that 
he or she would enjoy to an extent no greater 
than that which other citizens of North 
Carolina would or could enjoy. 

(b) This provision shall not apply to financial and 
other benefits rightfully gained by a Public 
Official pursuant to the proper performance of 
his or her official duties or State employment. 

2. A Public Official shall not, directly or indirectly, 
knowingly ask, accept, demand, exact, solicit, seek, 
assign, receive, or agree to receive anything of value 
for himself or herself, or for another person, in 
return for being influenced in the discharge of his or 
her official responsibilities, other than that which is 
received by the Public Official from the State for 
acting in his or her official capacity. 

3. A Public Official shall not solicit or receive personal 
fmancial gain, other than that received by the Public 
Official from the State for acting in his or her official 
capacity, for advice or assistance given in the course 
of carrying out the Public Official's duties. 

4. A Public Official shall not use or disclose 
information gained in the course of, or by reason of, 
his or her official responsibilities in a way that would 
affect a personal financial interest of the Public 



12:16 



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February 16, 1998 



1474 



EXECUTIVE ORDER 



Official, a member of the Official's family, or a 
person with whom or business with which the Public 
Official is associated. 

A Public Official shall not improperly use or disclose 
any information deemed confidential by Nonh 
Carolina law and therefore not a public record. 
5. A Public Official shall not cause the employment, 
appointment, promotion, transfer, or advancement of 
a family member to a State or local office or position 
which the Public Official supervises or manages. A 
Public Official shall not participate in an action 
relating to the disciplining of a member of the Public 
Official's family. 

b. A ppearances of Conflict 

1. A Public Official shall make every effon to avoid 
even the appearance of a conflict of interest. An 
appearance of conflict exists when a reasonable 
person would conclude from the circumstances that 
the Public Official's ability to protect the public 
interest, or perform public duties, is compromised by 
personal interests. An appearance of conflict could 
exist even in the absence of a true conflict of interest. 

2. A Public Official shall recuse himself or herself from 
any proceeding in which the Public Official's 
impartiality might reasonably be questioned due to 
the Official's familial, personal, or financial 
relationship with a participant in the proceeding. A 
"participant" includes, but is not limited to, an 
owner, shareholder, partner, employee, or agent of 
a business entity involved in the proceeding. If a 
Public Official is uncertain whether the relationship 
justifies recusal, then the Official shall disclose the 
relationship to the person presiding over the 
proceeding. The presiding officer then shall 
determine the extent to which, if any, the Public 
Official will be permitted to participate. If the 
affected Public Official is the person presiding, then 
the vice chair or such other substitute presiding 
officer shall make the determination. 

c. Other Rules of Conduct 

1 . A Public Official shall make a due and diligent effort 
before taking any action (such as voting or 
participating in discussions with other Public 
Officials on a board, commission, or council) to 
determine whether he or she has a conflict of interest 
or appearance of conflict. 

2. A Public Official shall continually monitor, evaluate, 
and manage his or her personal, financial, and 
professional affairs to ensure the absence of conflicts 
of interest and appearances of conflicts. 

3. A Public Official shall not accept honoraria except in 
accordance with the State Budget Manual, Office of 
State Budget and Management, Section 5. 

4. A Public Official shall obey all other civil and 
administrative requirements and criminal statutes 
governing conduct of State government appointees 
and employees provided by law. 



Section 8. Statement of Economic Interest. 

a. Prior to commencement of State service, each of the 
following prospective Public Officials shall file with the Board ( 
of Ethics a sworn Statement of Economic Interest 
("Statement"): 

1 . Each prospective Public Official being considered for 
appointment by the Governor to a board, 
commission, or council. 

2. Each prospective Public Official being considered for 
State employment to a position which is anticipated 
to have armual compensation in excess of $40,000 
per year. 

3. Each prospective Public Official being considered for 
appointment or State employment whose proposed 
position is determined by the Board to be particularly 
susceptible to conflicts of interest. 

4. Each prospective Public Official designated under the 
provisions of Section 9 below to be subject to the 
Statement filing requirements herein. 

5. Prospective Members of the Board. 

A prospective Public Official required to file a 
Statement as provided herein shall not be appointed 
or employed prior to submission by the Board of 
Ethics of the Board's evaluation of the Statement in 
accordance with Section 4.d above. 

b. Between April 15 and May 15 of each succeeding year 
after the persons identified in "a" above are appointed or 
employed, an updated Statement shall be filed with the Board. 

c. The Statement shall contain: I 

1 . The name, home address, occupation, employer and 
business address of the person filing. 

2. A list of each asset and liability of whatever nature of 
the filing prospective or actual Public Official, and 
his or her spouse, with a value of at least $10, OCX). 
The valuation of each asset or liability listed shall be 
indicated pursuant to the following categories: 

At least $10,000 but less than $50,000; 

At least $50,000 but less than $100,000; 

At least $100,000 but less than $500,000; 

At least $500,000 but less than $1,000,000; 

In excess of $1,000,000. 

This list shall contain, but shall not be limited to, 

the following. (As used herein, "Public Official" 

shall include prospective and actual Public 

Officials.) 

(a) All North Carolina real estate owned wholly 
or in part by the Public Official or the 
Official's spouse. 

(1) The listing shall include specific 
descriptions adequate to determine the 
location of each parcel. 

(2) The listing shall include the specific 
interest held by the Public Official and 
spouse in each identified parcel. j 

(b) Real estate that is currently leased or rented to 
the State. 



1475 



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February 16, 1998 



12:16 



EXECUTIVE ORDER 



I 



I 



• 



(c) Personal property sold to or bought from the 
State within the preceding two years. 

(d) Personal property currently leased or rented to 
the State. 

(e) The name of each publicly-owned company in 
which the value of securities held exceeds 
$10,000. 

(f) The name of each non-publicly-owned 
company or business entity in which the value 
of securities or other equity interests held 
exceeds $10,000. This subsection (0 
includes, but is not limited to, interests held in 
partnerships, limited partnerships, joint 
ventures, limited liability companies or 
partnerships, and closely held corporations. 
For each non-publicly-owned company or 
business entity listed pursuant to this 
subsection (f), the filing Public Official shall 
indicate whether the listed company/entity 
owns securities or equity interests exceeding a 
value of $10,000 in any other companies or 
entities. If so, then the other companies or 
entities shall also be listed with a brief 
description of the business activity of each. 

(g) If the filing Public Official, his or her spouse, 
or dependent children are the beneficiary of a 
trust created, established or controlled by the 
Public Official, then the name and address of 
the trustee and a description of the trust shall 
be provided. To the extent such information 
is available to the Public Official, the 
Statement also shall include a list of businesses 
in which the trust has an ownership interest 
exceeding $10,000. 

(h) The filing Public Official shall make a good 
faith effort to list any individual or business 
entity with which the filing Public Official has 
a financial or professional relationship 
provided: 

(1) a reasonable person would conclude 
that the nature of the financial or 
professional relationship presents a 
conflict of interest or the appearance of 
a conflict of interest for the Public 
Official; or, 

(2) a reasonable person would conclude 
that any other financial or professional 
interests of the individual or business 
entity would present a conflict of 
interest or appearance of a conflict of 
interest for the Public Official. 

For each individual or business entity listed 
under this subsection, the filing Public 
Official shall describe the financial or 
professional relationship and provide an 
explanation of why the individual or business 
entity has been listed. 



(i) A list of all other assets and liabilities with a 
valuation of at least $10,000, including bank 
accounts and debts. 

(j) A list of each source (not specific amounts) of 
income (including capital gains) shown on the 
most recent federal and state income tax 
remms of the person filing where $10,000 or 
more was received from such source. 

(k) If the Public Official is a practicing attorney, 
an indication of whether he or she, or the law 
firm with which the Public Official is 
affiliated, earned legal fees during any single 
year of the past five years in excess of ten 
thousand dollars ($10,000) from any of the 
following categories of legal representation: 

(1) Criminal Law; 

(2) Utilities regulation or representation of 
regulated utilities; 

(3) Corporation Law; 

(4) Taxation; 

(5) Decedent's estates; 

(6) Labor Law; 

(7) Insurance Law; 

(8) Administrative Law; 

(9) Real property; 

(10) Admiralty; 

(11) Negligence (representing plaintiffs); 

(12) Negligence (representing defendants); 
or 

(13) Local Government. 

(1) A list of all non-publicly owned businesses 
with which, during the past five years, the 
Public Official has been associated, indicating 
the time period of such association and the 
relationship with each business as an officer, 
employee, director, partner, or owner. The 
list also shall indicate whether or not each 
does business with, or is regulated by, the 
State and the nature of the business, if any, 
done with the State. 

(m) A list of all gifts of a value of more than $200 
received during the twelve months preceding 
the date of the Statement from sources other 
than the Public Official's family, and a list of 
all gifts valued in excess of $100 received 
from any source having business with, or 
regulated by, the State. 

(n) A list of all bankruptcies filed during the 
preceding five years by the Public Official, the 
Official's spouse, or any entity in which the 
Public Official or spouse has been associated 
financially. A brief summary of the facts and 
circumstances regarding each listed 
bankruptcy shall be provided. 
3. In addition to the foregoing, the filing Public Official 

shall provide in his or her Statement any other 

information which a reasonable person would 



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NORTH CAROLINA REGISTER 



February 16, 1998 



1476 



EXECUTIVE ORDER 



conclude is necessary either to carry out the purposes 
of this Order or to fully disclose any potential 
conflict of interest or appearance of conflict. If a 
Public Official is uncertain of whether particular 
information is necessary, then the Public Official 
shall consult the Board for guidance. 
4. Each Statement of Economic Interest shall contain a 
sworn certification by the filing Public Official that 
he or she has read the Statement and that, to the best 
of his or her knowledge and belief the Statement is 
true, correct, and complete. The Public Official's 
sworn certification also shall provide that he or she 
has not transferred, and will not transfer, any asset, 
interest, or other property for the purpose of 
concealing it from disclosure while retaining an 
equitable interest therein. 

c. The Board shall issue a form for such Statements 
of Economic Interest no later than February 1, 
1998, and shall revise the form from time to time 
as necessary to carry out the purposes of this 
Executive Order. 

d. All Public Officials currently serving who 
submitted a Statement of Economic Interest under 
Executive Order Number 1 shall resubmit a new 
Statement in accordance with the provisions of 
this Order. These Statements shall be resubmitted 
within thirty days of the Public Official's receipt 
of the form described in "c" above. Between 
April 15 and May 15 of each succeeding year. 
Public Officials under this subsection shall file an 
updated Statement with the Board. 

Section 9. Other Principal State A gencies and Le gislative 
Officials. 

Each of the elected heads of the Council of State agencies 
(Lieutenant Governor, Secretary of State, State Auditor, State 
Treasurer, State Superintendent of Public Instruction, Attorney 
General, Commissioner of Agriculture, Commissioner of 
Labor, and Commissioner of Insurance), the Board of 
Governors of the University of North Carolina System, the 
President Pro Tempore of the North Carolina Senate, and the 
Speaker of the North Carolina House of Representatives may 
and hereby are invited to participate in this Executive Order. 
Those desirous of participating shall notify the Chair of the 
Board in writing. The notification shall specify the employees 
(exempt from the State Personnel Act) and appointees who shall 
become Public Officials under this Order. The notification also 
shall specifically identify those appointees and employees who 
shall submit a Statement of Economic Interest. All services of 
the Board available to the Governor under this Order shall be 
available to each of the heads of the participating Agencies. All 
services of the Board available to Public Officials under this 
Order shall be available to those brought within the coverage of 
this Order under this Section. 

Section 10. Sanctions. 

a. Public Officials serving on boards, commissions, or 



councils. 

The North Carolina General Statutes provide that certain 
appointees to boards, commissions, and councils may be 
removed from office for misfeasance, malfeasance, or 
nonfeasance. The failure of any Public Official serving on a 
board, commission, or council to comply with this Order is 
hereby deemed to be misfeasance, malfeasance, or nonfeasance 
as used in the General Statutes. In the event of misfeasance, 
malfeasance, or nonfeasance, the offending Public Official shall 
be subject to removal from the board, commission, or council 
of which he or she is a m.ember. For gubernatorial appointees, 
the Governor shall determine whether to remove the Public 
Official. For all other appointees, the appointing authority 
shall exercise the discretion of whether to remove the offending 
Public Official. 

b. Public Officials serving as State employees. 

The provisions within this Executive Order are hereby 
deemed to be written work rules. The failure of any Public 
Official to comply with this Order shall be a violation of a 
written work rule thereby permitting disciplinary action as 
allowed by North Carolina law, including termination from 
employment. Except for State employees brought under the 
terms of this Order pursuant to Section 9, the Governor shall 
make all final decisions on the manner in which offending 
Public Official State employees shall be disciplined. For State 
employees subject to this Order pursuant to Section 9, the 
elected or appointed head of the Agency in which the Public 
Official State employee works shalt determine whether and 
what disciplinary action shall be taken. 

c. Sanctions issued by the Board of Ethics 

If the Board of Ethics determines, after proper review and 
investigation, that such action is appropriate, the Board may 
issue any of the following sanctions against a Public Official. 

1 . Warning. The Board may issue a warning if a non- 
serious violation of this Order has been committed 
about which the offending Public Official neither had 
knowledge nor reasonably could be expected to have 
known. 

2 . Reprimand. The Board may issue a reprimand if a 
non-serious violation of this Order has been 
committed about which the offending Public Official 
knew or should have known. 

3. Censure. The Board may issue a censure if a serious 
violation of this Order has been committed, 
regardless of whether the offending Public Official 
knew or should have known of the violation. 

d. Recommendations by the Board of Ethics. 

If the Board of Ethics determines, after proper review and 
investigation, that such action is appropriate, the Board may 
recommend any action it deems necessary, including removal 
of the Public Official from his or her State position, to properly 
address and rectify any violation of this Order by a Public 
Official. The Board of Ethics shall make referrals to 
appropriate law enforcement agencies for investigation if 
possible criminal conduct is discovered. As it deems necessary 
and proper, the Board may make referrals to appropriate State 
officials for investigation of wrongful conduct by State 



1477 



NORTH CAROLINA REGISTER 



February 16, 1998 



12:16 



EXECUTIVE ORDER 



I 



employees or appointees regardless of whether the individual is 
a Public Official under this Order. 

Section 11. Board Staff. Offices, and Funding . 

a. The Board shall have a minimum staff of three, one 
Executive Director who shall be an attorney, and two 
administrative assistants. One of the administrative assistants 
also shall function as a research associate to the Executive 
Director. The other administrative assistant shall provide 
clerical assistance to the Executive Director and other Board 
staff. 

b. The Board shall engage the services of private 
investigators as needed to carry out the purposes of this 
Executive Order. 

c. All State agencies subject to this Executive Order shall 



provide reasonable assistance upon request of the Board to 
carry out the purposes of this Order. 

d. The Board and its staff, for administrative purposes only, 
shall be located in the Department of Administration. 

e. The State Budget Officer is directed to identify sufficient 
funds from lawfully appropriate sources to ensure that all 
provisions of this Executive Order are fully carried out. 

Section 12. Effective Date. 

This Executive Order is effective immediately and shall 
remain in effect until rescinded. 

Done in the Capital City of Raleigh, North Carolina, this the 
16thday of January, 1998. 



I 



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12:16 



NORTH CAROLINA REGISTER 



February 16, 1998 



1478 



IN ADDITION 



This Section contains public notices that are required to be published in the Register or have been approved by the Codifier 
of Rules for publication. 



c 



MUNICIPAL INCORPORATIONS 

On Januar}' 7, 1998, the Joint Legislative Commission on Mimicipal Incorporations received a petition requesting the 
incorporation of the Town of Hemby Bridge in Union County. A copy of the petition is available from Gerry Cohen, Commission 
Counsel, 401 Legislative Office Building, 300 North Salisbury Street, Raleigh, NC 27603-5925, phone 919-733-6660, fax 919-715- 
5459, e-mail GERRYC@MS.NCGA.STATE.NC.US 

G.S. 120-165(A) provides "The Commission shall publish in the North Carolina Register notice diat it has received the petition. " 



( 



1479 NORTH CAROLINA REGISTER February 16, 1998 12:16 



IN ADDITION 



U.S. Department of Justice 
Civil Rights Division 



BLL;DHH:DCB:jdp 
DJ 166-012-3 
97-3887 



Voting Section 

PO. Box 66128 

Washington, D.C 20035-6128 



December 31, 1997 



Susan K. Nichols, Esq. 

Special Deputy Attorney General 

P.O. Box 629 

Raleigh, North Carolina 27602-0629 

Dear Ms. Nichols: 

This refers to Title 8, Chapter 4 (1976) of the Administrative Code, which regulates the use of voting equipment and 
specifies the ballot format for the State of North Carolina, submitted to the Attorney General pursuant to Section 5 of the Voting 
Rights Act, 42 U.S.C. 1973c. We received your submission on December 9, 1997. 

The Attorney General does not interpose any objection to the specified changes. However, we note that Section 5 
expressly provides that the failure of the Attorney General to object does not bar subsequent litigation to enjoin the enforcement 
of the changes. In addition, as authorized by Section 5, we reserve the right to reexamine this submission if additional information 
that would otherwise require an objection comes to our attention during the remainder of the sixty-day review period, see the 
Procedures for the Administration of Section 5 (28 C.F.R. 51.41 and 51.43). 

Since the Section 5 stams of Title 8, Chapter 4, is before the court in Sutherland v. Hunt, we are providing a copy of this 
letter to the court and counsel of record in that case. 

Sincerely, 

Bill Lann Lee 

Acting Assistant Attorney General 

Civil Rights Division 

By: 

Elizabeth Johnson 
Chief, Voting Section 

cc: The Honorable James A. Beaty, Jr. 

District Coun Judge 

Robert N. Hunter Jr., Esq. 



12:16 



NORTH CAROLINA REGISTER 



February 16, 1998 



1480 



IN ADDITION 



( 



U.S. Department of Justice 
Civil Rights Division 



BLL:VLO:DCB:emr Voting Section 

DJ 166-012-3 PO. Box 66128 

97-2246 Washington, D. C 20035-6128 



January 2, 1998 

Michael Crowell, Esq. 

Tharrington Smith 

P. 0. Box 1151 

Raleigh, North Carolina 27602-1151 

Dear Mr. Crowell: 

This refers to the 1997 redistricting plan for Craven County, North Carolina, submitted to the Attorney General pursuant 
to Section 5 of the Voting Rights Act, 42 U.S.C. 1973c. We received your response to our September 29, 1997, request for / 
additional information on November 3, 1997. V^ 

The Attorney General does not interpose any objection to the specified change. However, we note that Section 5 expressly 
provides that the failure of the Attorney General to object does not bar subsequent litigation to enjoin the enforcement of the 
change. See the Procedures for the Administration of Section 5 (28 C.F.R. 51.41). 

Sincerely, 

Bill Lann Lee 

Acting Assistant Attorney General 

Civil Rights Division 

By: 

Elizabeth Johnson 
Chief, Voting Section 



c 



1481 NORTH CAROLINA REGISTER February 16, 1998 12:16 



RULE-MAKING AGENDA 



An agencx max choose to publish a nde-making agenda which senes as a notice of rule-making proceedings if the 
agenda includes the information required in a notice of nde-making proceedings. The agency must accept comments on 
the agenda for at least 60 days from the publication date. Statutory reference: G.S. 1 508-21. 2. 



TITLE 15 A - DEPARTMENT OF ENVIRONMENT 
AND NATUR\L RESOURCES 

This supplemental agenda will serve as the notice of rule-making proceedings for the following rule-making bodies from February 
16, 1998 through April 17, 1998: Environmental Management Commission - to rules codified in 15A NCAC 2D & 2Q; 
Commission for Health Services - to rules codified in 15A NCAC 18A; and Department of Environment and Natural Resources - 
to rule codified in 15A NCAC 10. 

DENR Regulatory Agenda Index - January 26, 1998 



AIR QUALITY 




APA# 


SUBJECT 


E2385 


Air Cunain Burners 


E2386 


Exclusionary Rule for Peak 




Shavers 


E2387 


Definitions 


E2388 


Reporting and Recordkeeping 


E2389 


Information 


E2440 


Control of Emissions from 




Incinerators 


E244I 


Ozone ambient air quality 




standard 


E2442 


PMIO & PM2.5 ambient air 




quality standards 


E2443 


Definitions 


E2444 


Activities Exempted from Permit 




Requirements 


E2445 


Petition for Alternative Controls 



RULE CITATION ff 
15ANCAC2D .1903, .1904 
15A NCAC 2Q .0808 (New Rule) 

15ANCAC2Q .0103 
15A NCAC 2D .1204 
15ANCAC2Q .0107 
15A NCAC 2D .1200 

15A NCAC 2D .0405 

15A NCAC 2D .0409 and .0410 (new) 
and 2D .0101 (possibly) 
15A NCAC2Q .0103 
15A NCAC 2Q .0102 

15A NCAC 2D .0952 



ENVIRONMENTAL HEALTH/PUBLIC WATER SUPPLY 
APA # SUBJECT RULE CITATION If 

A3474 Delegation of Authority to 15A NCAC 10 .0101 - .0109 

Enforce Rules 



These rules will be 
filed as temporary 
rules. 



H6835 



Water Supplies 



15A NCAC 18A .1720 (c)(2)(L) 



This rule will be filed as a 
temporary rule. 



ENVIRONMENTAL HEALTH/HEALTH SERVICES 
APAt SUBJECT RULE CITATION # 

H6836 An Act to Enhance and Improve 15A NCAC 18A .2801 

Child Care in North Carolina 



.2836 



DENR Regulatory Agenda - January 26, 1998 

APA #: A3474 

SUBJECT; Delegation of Authority to Enforce Rules 
RULE CITATION #: 15A NCAC 10 .0101 - .0109 
STATUTORY AUTHORITY: G.S, 130A-4 



12:16 



NORTH CAROLINA REGISTER 



February 16, 1998 



1482 



RULE-MAKING AGENDA 



DIVISION/SECTION: ENVIRONMENTAL HEALTH/PUBLIC WATER SUPPLY 

DIVISION CONTACT: Malcolm Blalock 

DIVISION CONTACT TEL#: (919)715-0929 

DATE INITIATED: 1/22/98 

DURATION OF RULE: Temporary 3/1/98 

TYPE OF RULE: 

STAGE OF DEVELOPMENT: Draft Rule Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

These rules will replace rules which are currently in effect that have been targeted by the Rules Review Commission to 
be invalidated at it's February meeting. The proposals were originally adopted by the Commission for Health Services 
(November 14, 1997) and considered by the Rules Review Commission on Januarj' 15, 1998. The Rules Review 
Commission objected to all of the rules except .2305, .2306, and .2309 on the basis that the Commission for Health 
Services does not have the statutory authority to adopt rules governing the delegation of authority to enforce it's rules. 

Because there must be a rational basis for granting or denying authorization for a local health department environmental 
health specialist to enforce the Commission's rules, the proposed rules must be adopted as temporary rules. 

SCOPE/NATURE/SUMMARY : 

The proposed rules regulate the delegation of authority for local health department environmental health specialists to 
enforce rules of the Commission for Health Services as an agent of the State. 

The proposed rules specifically set the requirements for the scope of delegated authority, set the eligibility requirements 
for delegations to be made, set the requirements regarding lapsed delegations, set the requirements for agents serving as 
contractors, set the conditions for denial suspension or revocations, set the requirements for re-authorization, and the 
appeals process. 

APA #: E2385 

SUBJECT: Air Curtain Burners 

RULE CITATION #: 15A NCAC 2D . 1903, . 1904 

STATUTORY AUTHORITY: G.S. 143-215. 3(a)(1); 143-215. 107(a)(5), (10); 143-215.66; 143-215.108 

DIVISION/SECTION: AIR QUALITY 

DIVISION CONTACT: Thomas Allen 

DIVISION CONTACT lEU: (919)733-1489 

DATE INITIATED: 9/15/97 

DURATION OF RULE: Permanent 

TYPE OF RULE: 

STAGE OF DEVELOPMENT: Concept Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

To revise the opacity standard in 15A NCAC 2D .1904, Air Curtain Burners, and to revise requirements for temporary 

air curtain burners. 
SCOPE/NATURE/SUMMARY : 

Rule 15A NCAC 2D .1904 currently requires air curtain burners to meet a 5 percent opacity standard except during 

start-up. Recent experience with air curtain burners suggests that this opacity standard may be too low. Consideration 

is being given to raising it. 

Other changes being considered for this rule deals with temporary air curtain burners. Consideration is being given to 
exempt temporary air curtain burners that do no require a permit and that comply with Subparagraph (b)(2) of 15A NCAC 
2D .1903, Permissible Open Burning Without a Permit, from the opacity standards and the need to have a certified opacity 
reader. The rationale for this change is that such burning could be done without an air curtain burner. However, air 
cimain burners, even if they do not comply with the opacity standard of 15 A NCAC 2D .1904, will usually bum material 
cleaner than open burning. 

APA §: E2386 

SUBJECT: Exclusionary Rule for Peak Shavers 
RULE CITATION #: 15A NCAC 2Q .0808 (New Rule) 



1483 NORTH CAROLINA REGISTER February 16, 1998 12:16 



RULE-MAKING AGENDA 



STATUTORY AUTHORITY: G. S. 143-215. 3(a)(1); 143-215. 107(a)(10); 143-215.65; 143-215.108 

DIVISION/SECTION: AIR QUALITY 

DIVISION CONTACT: Thomas Allen 

DIVISION CONTACT TEL#: (919)733-1489 

DATE INITIATED: 9/15/97 

DURATION OF RULE: Permanent 

TYPE OF RULE: 

STAGE OF DEVELOPMENT: Concept Stage 

GOV LEVELS AFFECTED: Local 

REASON FOR ACTION : 

To adopt an exclusionary rule for peak shaving generators so that they can avoid Title V permit procedures and 
requirements without having to take permit restrictions. 

SCOPE/NATURE/SUMMARY : 

A new rule may be added to Section 15A NCAC 2Q .0800, Exclusionary Rules, to add an exclusionary rule for peak 
shaving generators. As an alternative. Rule 15A NCAC 2Q .0807, Emergency Generators, may be amended to incorporate 
peak shaving generators. The purpose of exclusionary rules is to define certain types of facilities as small based on 
throughput or usage. A facility that is below the level specified in an applicable exclusionary rule and complies with the 
requirements of the rule can avoid the Title V permitting process without having to take permit limits. 

The level specified for peak shaving generators may be either in terms of energy production or fuel usage. If energy 
productions is used, the level would be set at about 6,500,000 kw-hr in any 12-month period. (Note: This number may 
change upon further evaluation.) If fuel consumption is used, the levels would be similar to those in 15A NCAC 2Q 
.0807. 

APA #: E2387 

SUBJECT: Definitions 

RULE CITATION #: 15A NCAC 2Q .0103 

STATUTORY AUTHORITY: G.S. 143-215. 3(a)(1)' 143-215. 107(a)(4); 143-215.108 

DIVISION/SECTION: AIR QUALITY 

DIVISION CONTACT: Thomas Allen 

DIVISION CONTACT TEL#: (919)733-1489 

DATE INITIATED: 9/15/97 

DURATION OF RULE: Permanent 

TYPE OF RULE: 

STAGE OF DEVELOPMENT: Concept Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

To add a definition for sawmill to Rule 15A NCAC 2Q .0103, Definition. 
SCOPE/NATURE/SUMMARY : 

Rule 15A NCAC 2Q .0102, Activities Exempted from Permit Requirements, exempts sawmills that saw no more than 

2,000,(XX) board feet per year. A disagreement has arisen over what a sawmill is; the term is not currently defined in the 

rules. 

The definition being considered would defme a sawmill as a place or operation where logs are sawed into lumber and that 
consists of one or more of these activities: debarking, sawing, and sawdust handling. Activities that are not considered 
part of a sawmill include sanding, planing, routing, lathing, and drilling. 

Debarking, sawing, and sawdust handling were the activities considered in developing the exemption level. Other 
activities were not considered. Therefore, these are the types of activities that should be exempted under the sawmill 
exemption. If the definition of sawmill is extended to cover other types of activities, the exemption level in 15A NCAC 
2A .0102 may have to be reduced. 

APA #: E2388 

SUBJECT: Reporting and Recordkeeping 

RULE CITATION #: 15A NCAC 2D .1204 

STATUTORY AUTHORITY: G.S. 143-215. 3(a)(1); 143-215. 107(a)(4), (5) 

DIVISION/SECTION: AIR QUALITY 



12:16 NORTH CAROLINA REGISTER February 16, 1998 1484 



RULE-MAKING AGENDA 



( 



DIVISION CONTACT: Thomas Allen 
DIVISION CONTACT TEL#: (919)733-1489 
DATE INITIATED: 9/15/97 
DURATION OF RULE: Permanent 
TYPE OF RULE: 

STAGE OF DEVELOPMENT: Concept Stage 
GOV LEVELS AFFECTED: None 
REASON FOR ACTION : 

To correct the test method referenced in Rule ISA NCAC 2D .1204, Reporting and Recordkeepmg, for mercury. 
SCOPE/NATURE/SUMMARY : 

The test method for mercury referenced in Rule 15A NCAC 2D .1204 for municipal waste combusters is incorrect. The 

rule needs to be amended to reference the correct test methods, which are Methods 101 and 101 A of 40 CFR Pan 61, 

Appendix B. 

APA #: E2389 

SUBJECT: Confidential Infomiation 

RULE CITATION #: 15A NCAC 2Q .0107 

STATUTORY AUTHORITY: G.S. 143-215. 3(a)(1); 143-215. 3C 

DIVISION/SECTION: AIR QUALITY 

DIVISION CONTACT: Thomas Allen 

DIVISION CONTACT TEL#: (919)733-1489 

DATE INITIATED: 9/15/97 

DURATION OF RULE: Permanent 

TYPE OF RULE: 

STAGE OF DEVELOPMENT: Concept Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

To revise Rule 15A NCAC 2Q .0107, Confidential Information to allow more time to make confidentiality determination. 

SCOPE/NATURE/SUMMARY : 

Rule 15A NCAC 2Q .0107 currently allows the Director of the Division of Air Quality 90 days to make a preliminary 
determination whether or not information should be treated as confidential. Consideration is being given to extend this 
period 180 days or some other period because of the number of requests received and to improve the quality of the 
determinations. 

APA It: E2440 

SUBJECT: Control of Emissions from Incinerators 

RULE CITATION ft: 15A NCAC 2D .1200 

STATUTORY AUTHORITY: G.S. 143-215. 3(a)(1); 143-215. 107(a)(1), (3), (4), (5), (10); 
143-215.65;143-215.66 

DIVISION/SECTION: AIR QUALITY 

DIVISION CONTACT: Thorn Allen 

DIVISION CONTACT TEL#: (919)733-1489 

DATE INITIATED: 12/22/97 

DURATION OF RULE: Permanent 

TYPE OF RULE: 

STAGE OF DEVELOPMENT: Concept Stage 

GOV LEVELS AFFECTED: Local State ^ 

REASON FOR ACTION : 

To adopt new federal requirements for existing medical waste incinerators. 

SCOPE/NATURE/SUMMARY : 

Section 15A NCAC 2D .1200, Control of Emissions from Incinerators, is proposed to be amended to incorporate new 
federal requirements for medical waste incinerators. These requirements are in 40 CFR 60, Subpart Ce, Emission 
Guidelines and Compliance Schedules for Hospital, Medical, and Infectious Waste Incinerators (HMIWI), promulgated 
September 15. 1997. They apply to HMIWI built on or before June 20, 1996. / 

A state plan needs to be submitted within one year of the promulgation date of EPA's final rule. The plan is to include ^ 
provisions to implement and enforce the emission guidelines. To accomplish this, the current medical waste incinerator 



1485 NORTH CAROLINA REGISTER February 16, 1998 12:16 



( 



RULE-MAKING AGENDA 



rules are proposed to be amended to incorporate the emission limits, operating practices, operator training and 
certification, compliance and performance testing, reporting and recordkeeping, compliance schedules, and other 
requirements of the emission guidelines. 

APA ft: E2441 

SUBJECT: Ozone ambient air quality standard 

RULE CITATION #: 15A NCAC 2D .0405 

STATUTORY AUTHORITY: G.S. 143-215. 3(a)(1); 143-215. 107(a)(3) 

DIVISION/SECTION: AIR QUALITY 

DATE INITIATED: 12/22/97 

DURATION OF RULE: Permanent 

TYPE OF RULE: 

STAGE OF DEVELOPMENT: Concept Stage 

DIVISION CONTACT: Thom Allen 

DIVISION CONTACT TEL#:(919)733-1489 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

To adopt the new National Air Quality Standard for Ozone. 

SCOPE/NATURE/SUMMARY : 

The Environmental Protection Agency promulgated a new ambient air quality standard for ozone in the July 18, 1997, 
Federal Register. The new standard is 0.08 parts per million (ppm), daily maximum eight-hour average. Compliance with 
the standard is met at an ambient air quality monitoring site when the three-year average of the annual fourth-highest daily 
maximum eight-hour average ozone concentration is less than or equal to 0.08 ppm. Rule 15A NCAC 2D .0405, Ozone, 
is proposed to be amended to replace the current standard of 0.12 ppm, maximum hourly average, with the new 0.08 ppm, 
daily maximum eight-hour average. 

APA tt: E2442 

SUBJECT: PMIO & PM2.5 ambient air quality standards 

RULE CITATION #: 15A NCAC 2D .0409 and .0410 (new) and 2D .0101 (possibly) 

STATUTORY AUTHORITY: G.S. 143-215. 3(aj( 1); 143-215. 107(a)(3) 

DIVISION/SECTION: AIR QUALITY 

DIVISION CONTACT: Thom Allen 

DIVISION CONTACT TEL#: (919)733-1489 

DATE INITIATED: 12/22/97 

DURATION OF RULE: Permanent 

TYPE OF RULE: 

STAGE OF DEVELOPMENT: Concept Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

To adopt the new National Ambient Air Quality Standard for PM2.5, fme particulate matter, and to revise method for 
determining compliance with the ambient air quality standard for PMIO, coarse particulate matter. 

SCOPE/NATURE/SU.M.MARY : 

The Environmental Protection Agency promulgated new ambient air quality standards for particulate matter in the July 
18, 1997, Federal Register. TTiese new standards are for particulate matter with an aerodynamic diameter of 2.5 microns 
or less, which is generally referred to as PM2.5 or fine particulate matter. The new PM2.5 standards are 15 micrograms 
per cubic meter based on the three-year average of annual arithmetic average mean PM2.5 concentrations from single or 
multiple community-oriented monitors and 65um/m3 based on the three-year average of the 98th percentile of 24-hour 
P.M2.5 concentrations at each population-oriented monitor within an area. 

Rule 15A .N'CAC 2D .0409, Paniculate .Matter, would be amended to change the way that compliance with the PMIO 
standards is determined. (P.MIO is particulate matter with and aerodynamic diameter of 10 microns or less.) Compliance 
with the P.MIO standard will be based on the 99th percentile of 24-hour PMIO concentration at each monitor. 

Rule 15A .NCAC 2D 0101, Definitions, may be amended to add definitions related with the new PM2.5 standards. 

APA ft El^^'i 

SLBJECT Definitions 



12:16 NORTH CAROLINA REGISTER Eehruury 16, l'J9H I4H6 



RULE-MAKING AGENDA 



RULE CITATION #: 15A NCAC 2Q .0103 

STATUTORY AUTHORITY: G.S. 143-215. 3(a)(1); 143-212;143-213 

DIVISION/SECTION: AIR QUALITY 

DIVISION CONTACT: Thorn Allen 

DIVISION CONTACT TEL#: (919)733-1489 

DATE INITIATED: 12/22/97 

DURATION OF RULE: Permanent 

TYPE OF RULE: 

STAGE OF DEVELOPMENT: Concept Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

To add a definition to 15A NCAC 2Q .0103, Definitions, to define particulate matter as PMIO. 

SCOPE/NATURE/SUMMARY : 

Rule 15A NCAC 2Q .0103 defmes terms used in the permitting procedure rules. The particulate matter of concern under 
the permitting rules is PMIO because PMIO is the particulate used to determine Title V permitting applicability. The 
definition would not change the fact that the emission standards in Subchapter 15 A NCAC 2D, Air Pollution Control 
Requirements, are and will continue to be in terms of total suspended particulates. 

APA ft: E2444 

SUBJECT: Activities Exempted from Permit Requirements 

RULE CITATION #: 15A NCAC 2Q .0102 

STATUTORY AUTHORITY: G.S. 143-215. 3(a)(1); 143-215. 107(a)(4); 143-215.108 

DIVISION/SECTION: AIR QUALITY 

DIVISION CONTACT: Thom Allen 

DIVISION CONTACT TEL#: (919)733-1489 

DATE INITIATED: 12/22/97 

DURATION OF RULE: Permanent 

STAGE OF DEVELOPMENT: Concept Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

To clarify and revise the permit exemption for perchloroethylene dry-cleaning and powder coating. 
SCOPE/NATURE/SUMMARY : 

Rule 15A NCAC 2Q .0102, Activities Exempted from Permit Requirements, would be amended to clarify and revise the 

permit exemption for perchloroethylene dry-cleaning and powder coating. 

The perchloroethylene dry-cleaning exemption would be changed to exempt dry-cleaners that emit less than 13,000 pounds 
per year of perchloroethylene instead of exempting dry-cleaners that consume 13,000 pounds per year of 
perchloroethylene. Data show that dry-cleaners consume more perchloroethylene than they emit. (Under the toxic air 
pollutant rules, a soiu'ce may emit up to 13,000 pounds per year of perchloroethylene without a permit under the air toxic 
rules.) The equivalent gallonage would be deleted to eliminate possible confusion. 

The permit exemption for electrostatic dry powder coating operations suggests that a curing oven must be part of the 
operation to qualify for this exemption. The change would clarify that a curing oven is not required for this exemption. 
However, if a curing oven is part of the operation, it must have a heat input of less than 10,000,000 Btu per hour for the 
coating operation to qualify for this exemption. (10,000,000 Btu per hour is the size in the current rule.) 

APA #: E2445 

SUBJECT: Petition for Alternative Controls 

RULE CITATION #: 15A NCAC 2D .0952 

STATUTORY AUTHORITY: G.S. 143-215. 3(a)(1); 143-215. 107(a)(5) 

DIVISION/SECTION: AIR QUALITY 

DIVISION CONTACT: Thom Allen 

DIVISION CONTACT TEL#: (919)733-1489 

DATE INITIATED: 12/22/97 

DURATION OF RULE: Permanent 

TYPE OF RULE: 

STAGE OF DEVELOPMENT: Concept Stage 



1487 NORTH CAROLINA REGISTER February 16, 1998 12:16 



( 



( 



( 



RULE-MAKING AGENDA 



# 



GOV LEVELS AFFECTED: None 
REASON FOR ACTION : 

To revise 15A NCAC 2D .0952, Petition for Alternative Controls, to make procedure contained in this Rule available to 
future ozone nonattainment areas without being amended each time a new area is declared nonattainment for ozone. 
SCOPE/NATURE/SUMMARY : 

Rule 15A NCAC 2D .0952 provides procedures whereby a source may petition the Director of the Division of Air Quality 
to use a control technology that differs from that required by an applicable rule in Section 15A NCAC 2D .0900, Volatile 
Organic Compounds. This Rule is a revision of earlier rule written for the original ozone nonattainment areas in the late 
1970's. The current rule was written for the ozone nonattainment areas of the early I990's and for the current ozone 
maintenance areas. In anticipation of new ozone nonattainment areas, an amendment to this rule is being considered to 
make it available to future ozone nonattainment areas without having to be amended every time a new ozone nonattainment 
area comes into being. 

APA /f: H6835 

SUBJECT: Water Supplies 

RULE CITATION #: 15A NCAC 18A .1720 (c)(2)(L) 

STATUTORY AUTHORITY: G.S. 95-225; 130A-5(3); 130A-230; 130A-235; 130A-236; 130A-248; 130A-257 

DIVISION/SECTION: ENVIRONMENTAL HEALTH/PUBLIC WATER SUPPLY 

DIVISION CONTACT: Malcolm Blalock 

DIVISION CONTACT TEL#: (919)715-0929 

DATE INITIATED: 1/21/98 

DURATION OF RULE: Temporary 3/1/98 

TYPE OF RULE: 

STAGE OF DEVELOPMENT: Draft Rule Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

The current rule creates a situation where a well constructed after July 1, 1993 which meets the setback requirements for 
a single family residence foimd in 15A NCAC 2C .0100 "Well Construction Standards" does not comply with the current 
rule as it applies to the regulation of family foster homes and therapeutic foster homes. The proposed amendment will 
make the setback requirements consistent in the two sets of rules. 
SCOPE/NATURE/SUMMARY : 

The proposed amendment will impact those wells drilled after July 1 , 1993 which are located between 25 and 50 feet from 
a building foundation and are serving or proposed to serve a family foster home or therapeutic foster home. 

The proposed amendment changes the requirement from 50 feet to 25 feet, making it consistent with other rules within 
DENR. 

APA #: H6836 

SUBJECT: An Act to Enhance and Improve Child Care in North Carolina 

RULE CITATION #: 15A NCAC 18A .2801 - .2836 

STATUTORY AUTHORITY: G.S. 110-85 

DIVISION/SECTION: ENVIRONMENTAL HEALTH/Health Services 

DIVISION CONTACT: Ed Norman 

DIVISION CONTACT TEU: (919)715-3293 

DATE INITIATED: 1/26/98 

DURATION OF RULE: Permanent 

TYPE OF RULE: 

STAGE OF DEVELOPMENT: Draft Rule Stage 

GOV LEVELS AFFECTED: None 

SCOPE/NATURE/SUMMARY : 

These rules provide clarification and conformity with recently adopted legislation governing the Sanitation of Child Care 
Centers. New definitions that are used throughout these rules (15A NCAC .2801 - .2836) are provided under an amended 
15A NCAC .2801. Clarification of two other major changes (domestic versus commercial kitchen equipment and the use 
of commercial hood ventilation systems when frying foods) under G.S. 1 10-85 are addressed in 15A NCAC ISA .2801 - 
Definitions and 15A NCAC 18A .2810 - Specifications for Kitchens. 



12:16 NORTH CAROLINA REGISTER February 16, 1998 1488 



RULE-MAKING PROCEEDINGS 



A Notice of Rule-making Proceedings is a siaiement of subject matter of the agency's proposed rule making. The agency- 
must publish a notice of the subject matter for public comment at least 60 days prior to publishing the proposed text of a 
nde. Publication of a temporary nde serx'es as a Notice of Rule-making Proceedings and can be found in the Register under 
the section heading of Temporary Rules. A Rule-making Agenda published by an agency senes as Rule-making Proceedings 
and can be found in the Register under the section heading of Rule-making Agendas. Statutory reference: G. S. 150B-21 . 2. 



TITLE 15 A - DEPARTMENT OF ENVIRONMENfT 
AND NATURAL RESOLUCES 



adopted Critical and Protected Areas. The effective date of the 
reclassification is expected to be April 1, 1999. 



CHAPTER 2 - ENVIRONMENTAL MANAGEMENT 

A Totice of Rule-making Proceedings is hereby given by the 
1 y DENR - Environmental Management Commission in 
accordance with G.S. 150B-21.2. The agency shall 
subsequently publish in the Register the text of the rule it 
proposes to adopt as a result of this notice of rule-making 
proceedings and any comments received on this notice. 

Citation to Existing Rules Affected by this Rule-Making: 

15A NCAC 2B .0308. Other rules may be proposed in the 
course of the rule-making process. 

Authority for the rule-making: G.S. 143-214.1; 143-215.1; 
143-21 5. 3 (a)(1) 

Statement of the Subject Matter: Proposed reclassification 
of Lookout Shoals Lake in Alexander, Catawba, and Iredell 
Counties from Class WS-V to Class WS-IV and WS-IV CA 
(Critical Area). 

Reason for Proposed Action: The City of Statesville has 
requested that Lookout Shoals Lake in Alexander, Catawba, 
and Iredell Counties (Catawba River Basin) be reclassified to 
the appropriate water supply classification based on the 
location that has been chosen for a new water supply intake for 
Statesville. The selected intake site is just inside Iredell 
County, approximately two miles south of where Alexander, 
Catawba, and Iredell Counties share a common border. 
Lookout Shoals Lake currently carries the primary 
classifications WS (Water Supply) - V and WS-IV and the 
supplemental classification B (Primary Recreation). The 
Division of Water Quality proposes to reclassify Lookout Shoals 
Lake to WS-IV and WS-IV CA (Critical Area; defined as the 
area 'A half mile and draining to a water supply intake). The 
supplemental B classification would not be affected. The City 
of Hickory and Alexander, Catawba, and Iredell Counties have 
land use jurisdiction within the affected area. The proposed 
reclassification to Classes WS-IV and WS-IV CA would require 
the affected local governments to revise their drinking water 
supply maps within 120 days after receiving notice by the State 
that the reclassification has become effective. Once the 
reclassification becomes effective the state would apph the 
appropriate requirements that affect the permitting of landfills, 
residual application sites and wastewater discharges within the 



Comment Procedures: The purpose ffthe announcement is to 
encourage those interested in this proposal to provide written 
comments. It is very important thai all interested and 
potemially affected persons or parties make their views known 
to the Emironmental Management Commission (EMC) whether 
in favor or opposed to any and all provisions of the proposal 
being noticed. Written comments may be submitted to: Liz 
Kovasckitz, DENR/Division of Water Quality, Planning 
Branch, P.O. Box 29535, Raleigh, NC 27626-0535. (919) 
733-5083, extension 572. 

CHAPTER 7 - COASTAL MANAGEMENT 

A Ibtice of Rule-making Proceedings is hereby given by the 
1 y ENR - Coastal Resources Commission in accordance with 
G.S. 150B-21.2. The agency shall subsequently publish in the 
Re gister the text of the rules it proposes to adopt as a result of 
this notice of rule-making proceedings and any comments 
received on this notice. 

Citation to Existing Rules Affected by this Rule-Making: 

15A NCAC 7H . 0308, . 1 705. Other rules may be proposed in 
the course of the rule-making process. 

Authority for the rule-making: G.S. I13A-107: I13A-113(b); 
113A-124 

Statement of the Subject Matter: Replacement of permitted 
sandbags and temporary erosion control for a large structure 
and multiple buildings on the same property. 

Reason for Proposed Action: Tlie proposed rules will allow 
replacement of sandbags within their permitted dimensions 
within the time period originally authorized by a CAMA permit, 
the incremental protection of a large structure and the 
protection of multiple buildings on the same property. This 
action is in response to a contested case hearing decision 
involving replacement of sandbags that were protecting several 
oceanfront structures. 

Comment Procedures: Contact Charles Jones, 151-B Hwy 24, 
Morehead City, NC 28570, (919) 808-2808. 



1489 



NORTH CAROLINA REGISTER 



February 16, 1998 



12:16 



PROPOSED RULES 



This Section contains the text of proposed niles. At least 60 days prior to the publication of text, the agency published a 
Notice of Rule-making Proceedings. The agency must accept comments on the proposed rule for at least 30 days from the 
publication date, or until the public hearing, or a later date if specified in the notice by the agency. The required comment 
period is 60 days for a rule that has a substantial economic impact of at least five million dollars ($5, 000, 000) . Statutory 
reference: G.S. 150B-21.2. 



TITLE 21 - OCCUPATIONAL LICENSING 
BOARDS 

CHAPTER 50 - BOARD OF EXAMINERS OF 

PLUMBING, HEATING AND nRE 

SPRINKLER CONTRACTORS 

Notice is hereby given in accordance with G.S. 150B-21.2 
that the State Board of Examiners of Plumbing, Heating 
and Fire Sprinkler intends to amend rules cited as 21 NCAC 50 
.0301, .0306, .0404 - .0405, .0510, .1102, .1104; adopt 
.0511. Notice of Rule-making Proceedings was published in 
the Register on October 1, 1997. 

Proposed Effective Date: June 11, 1998 

A Public Hearing will be conducted at 8:30 a.m. on March 3, 
1998 at the State Board of Examiners of Plumbing, Heating 
and Fire Sprinkler Contractors. 3801 Wake Forest Road, Suite 
201, Raleigh, NC 27609. 

Reason for Proposed Action: 

21 NCAC 50 .0301 - 1997 General Assembly created a new 

license category. This Rule is being rewritten to accommodate 

this change. 

21 NCAC 50 .0306 - H.B. 408 and SB. 996 required the 

provision of a different license classification for persons 

engaged in fuel piping to plumbing or heating equipment. 

Licenses are to be issued beginning April 15, 1998. This Rule 

specified the experience requirement for the fuel piping license. 

consistent with the existing rule for plumbing or heating license 

and reorganizes the text of the rule. 

21 NCAC 50 .0404 - 1997 General Assembly created a new 

license classification. This change accommodates the 

legislation and simplifies the text without change of meaning. 

21 NCAC 50 .0405 - Rule change clarifies without change in 

interpretation. 

21 NCAC 50 .0510 - 1997 General Assembly created a 

different license category. This Rule is being rewritten to 

accommodate the change and simplify the text. 

21 NCAC 50 .0511 - The 1997 General Assembly, by HB 408 

and SB 996 created a different license classification for fuel 

piping. This Rule defines the term fuel piping and the scope of 

the work included within this category so as to carry out the 

legislative mandate. 

21 NCAC 50 .1102 - 1997 General Assembly created a new 

license category. This Rule is being rewritten to accommodate 

this change. 

21 NCAC 50 .1104 - 1997 General Assembly amended G.S. 25- 

3-506 to change the allowable charge for returned checks. This 



Rule is designed to rely upon the maximum set by the General 
Assembly, reducing future rule-making. 

Comment Procedures: Written comments may be submitted to 
the Board on or before, March 18, 1998, at State Board of 
Examiners of Plumbing, Heating and Fire Sprinkler 
Contractors, 3801 Wake Forest Rd., Suite 201, Raleigh, NC 
27609, Attn: T. L. Phillips, Executive Director. Persons who 
commented at or afier the prior hearing on these rules on 
November 19, 1997, should understand the Board will consider 
those comments as well. 

Fiscal Note: These Rules do not affect the expenditures or 
revenues of state or local government funds. These Rules do 
not have a substantial economic impact of at least five million 
dollars ($5,000,000) in a 12-month period. 

SECTION .0300 - EXAMINATIONS 

.0301 QUALinCATIONS DETERMINED 
BY EXAMINATION 

(a) In order to determine the qualifications of an applicant, 
the Board shall provide a written examination in the following 
categories: 

Plumbing Contracting, Class I 

Plumbing Contracting, Class II 

Heating, Group No. 1 - Contracting, Class I 

Heating, Group No. 1 - Contracting, Class II 

Heating, Group No. 2 

Heating, Group No. 3 

Heating, Group No. 3 

Fuel Piping 

(b) Each applicant shall be required to read, interpret and 
provide written answers to all parts of the examinations 
required by G.S. 87-21(b), except during oral examinations 
provided pursuant to G.S. 87-2 1(b). 

(c) Applicants for licensure as a fire sprinkler contractor 
other than pursuant to G.S. 87-2 1(h) must submit evidence of 
current certification by the National Institute for Certification 
and Engineering Technology (NICET) for Fire Protection 
Engineering Technician, Level III, subfield of Automatic 
Sprinkler System Layout as the prerequisite for licensure. 
Current certification by NICET is in lieu of separate 
examination conducted by the Board. 

Authority G.S. 87-18; 87-21 (a); 87-21 (b). 

.0306 APPLICATIONS: ISSUANCE OF 
LICENSE 

(a) All applicants for regular examinations shall file an 



Contracting, Class I 
Contracting, Class I 
Contracting, Class II 



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application in the office of the executive secretary' on or before 
the date set out on the examination application form, which 
date shall be no more than 60 days prior to the examination. 

(b) Applicants for each plumbing or heating examination 
shall present evidence at the time of application on forms 
provided by the Board to establish two years on-site full-time 
experience in the installation, maintenance, service or repair of 
plumbing or heating systems related to the category' for which 
license is sought, whether or not license was required for the 
work performed. One year of experience in the design or 
installation of fuel piping is required for fuel piping license. 
Practical experience should directly involve plumbing, heating 
or fuel piping and may include work as a field superintendent, 
project manager, journeyman, mechanic or plant siationan' 
operator directly involved in the installation, maintenance, 
service or repair of such systems. Work as a local government 
inspector of plumbing or heating systems while qualified b\ the 
Code Officials Oualification Board, work as a field 
representative of this Board or work by a graduate of an ABET 
accredited engineering or engineering technology program with 
direct on-site involvement with plumbing or heating system 
construction, construction super\'ision. plant engineering or 
operation ma\' utilize such work as evidence of practical 
experience: provided that Board members and employees may 
not sii for examination during their tenure with the Board. 
After review, the Board may request additional evidence. Up 
to one-half the experience may be in academic or technical 
training directly related to the field of endeavor for which 
examination is requested. The Board shall pro rate part-time 
work of less than 40 hours per week or part-time academic 
work of less than 15 semester or quarter hours or work which 
involves the kinds of work set out hereafter only part of the 
time. P r ac t i c al ex pe ri e nce should di r ec t ly involve p lumbing o r 
hea t ing — sys t ems — snA — may — include — wo r k — as — a — ftcM 
su per in te nd e n t , p rojec t manager, j o urneyman, mechanic o r 
p lan t s t ationary op e r a to r di r ecth ' involved in the installa t ion, 
main t enance, ser - vi c e or r e p ai r of such sys t ems. — Work as a 
local gov e rnm e nt ins p ec t or of p lumbing o r h e a t ing syst e ms 
while qualified by the Code Officials Qualifica t ion Board, wo r k 
as a field representa t ive o f this Board or wo r k by a g r adua t e of 

an ABET acc re di te d enginee r ing or e ngineering technology Authorin G.S. 87-18; 87-21 (a)(5); 87-21 (a)(6); 87-26. 

program with di re c t on-site involv e ment wi t h p lumbing o r 

heating sys t em c o ns tr uction, constmciion supe r vision, plan t 

engineering or op er a t ion may u t ilize such work as evidence of 

pr ac t i c al — ex p e r ience: — pr ovid e d — that — Board membe r s — and 

employees may no t si t for examination du r ing t h e ir t e nur e with 

t he B o ard. 

(c) Applicants who obtain a license will receive a certificate 
issued by the Board, bearing the license number assigned to the 
qualifying individual. 

(d) Fire Sprinkler contractors will meet experience 
requirements in accordance with NICET examination criteria. 

Authority- G.S. 87-18; 87-21 (b). 

SECTION .0400 - GENERAL PROCEDURES 



.0404 ACTIVE EMPLOYMENT 

(a) In each separate place of business or branch thereof 
operated by a contractor licensed by the Board, there shall be 
on active on-site employment a person licensed in accordance 
with the provisions of G.S. 87. Article 2 and whose duties are 
to supervise all installations falling within his license 
qualification. 

(b) Separate place of business or branch thereof shall mean 
any office or facility of any kind: 

(1) from which p lumbing, heating o r fi re s pr inkler 
business work requiring license is solicited or 
conducted; 

(2) from which p lumbing, heating or fir e s pr inkler 
contracts for work requiring license are negotiated or 
entered into: or 

(3) from which requests for p lumbing, heating or fire 
s pr inkle r work or se r vic e r equi r ing a license work 
requiring license are received and accepted. 

(c) A temporary field office facili t y used solely to conduct 
the p lumbing, heating o r fire sp r inkler business work requiring 
license involved in an existing contract or contracts entered into 
by the main license office and from which no new business is 
solicited or conducted shall not be deemed a separate place of 
business or branch thereof. 

Authority G.S. 87-18; 87-21 (a)(5); 87-21 (a)(6); 87-26. 

.0405 MULTIPLE LICENSES 

(a) In order to maintain the identity of firms, a licensee shall 
qualify only one place of business with his personal 
qualifications. 

(b) A licensee may be listed on only one license at any given 
time, whether the license is issued in the name of the individual 
or in the name of a firm. 

(c) The licensee may, upon deletion of his name and 
qualifications from a firm license, reinstate his personal license, 
either as an individual or in the name of some other 
corporation, partnership, or business that has a trade name, 
upon compliance with G.S. 87-26. 



SECTION .0500 - POLICY STATEMENTS 
AND INTERPRETATIVE RULES 



.0510 



LICENSE REQUIREMENTS 
GENERALLY 

An individual may not f)erform any work which is within the 
scope of G.S. 87-211aj(l), 87-21£al(2), 87-21{a](3), 87- 
21lal(4), or 87-211aJ(ll), or 87-21(b)(2). and not otherwise 
excluded by G.S. 87-21(c) or 87-25 . for any other individual, 
firm, body corporate or body politic no matter the form or 
arrangement of compensation unless th e individual o r the 
princi p al p r oviding general supcn ' ision of the wo r k such person 
has been issued the appropriate license by the Board. 

.Authority G.S. 87-18; 87-21(g)(5); 87-21(c). 



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.0511 FUEL PIPING 

The contracting or installation of fuel piping extending from 
an approved fuel source at or near the premises, to a point 
within the premises, requires either Plumbing. Heating Group 
1 . Heating Group 2. Heating Group 3. or Fuel Piping license. 
if such piping is or may be used partly or entirely to supply fuel 
to plumbing or heating systems or equipment or if. by the 
installation of such piping, the fuel supply to plumbing or 
heating systems or equipment within the meaning of G.S. 87- 
21(a) may be altered or affected. The term fuel refers to 
flammable gas, flammable liquefied gas, or flammable liquid as 
those terms are defined in Volume V of the North Carolina 
Building Code, and to combustible liquid so defined when used 
in a non-residential application. This provision does not alter 
the restriction of Class II license to single family detached 
residential dwellings . 

Authority 87-21 (a). 

SECTION .1100 -FEES 

.1102 LICENSE FEES 

(a) Except as set out in this Rule. The the annual license fee 
for statewide p lumbing and hea t ing licenses issued by this 
Board in the name o f an individual, c orp o r ation, p ar t ne r ship, 
o r business with a tr ade name is seventy-five dollars ($75.00). 

(b) The annual license fee for p lumbing and hea t ing a 
licenses limited in scope territory to cities or towns of less than 
10,000 population and issued in t he nam e o f an individual, 
co rp o r ation, paitne r shi p o r business with a tr ade name is forty- 
five dollars ($45.00). 

(c) The annual license fee for an licensed individual who is 
not actively engaged in the business o f p lumbing o r hea t ing 
con tr ac t ing requiring license by reason of full-time employment 
as a local government plumbing, heating or mechanical 
inspector and who holds qualifications from the Code Officials 
Qualification Board is fifteen dollars ($15.00). 

(d) The initial application fee for license as a fire sprii^der 
contractor is seventy-five dollars ($75.00). The annual license 
fee for statewide licenses issued to a fire sprinkler contractor in 
the name of an individual, corporation, partnership or business 
with a trade name is two-hundred seventy-five dollars 
($275.00). 

(e) The annual license fee for an individual whose 
qualifications are listed as the second or subsequent individual 
on a corporation, partnership, or business with a trade name 
under Paragraphs (a), (b) or (d) of this Rule is ten dollars 
($10.00). 

Authority G.S. 87-18; 87-21; 87-22. 

.1104 FEES FOR COPIES OF RECORDS 
AND RETURNED CHECKS 

The Board charges the following fees: 

(1) copy of the Register of Licensees - $ 4.00 each 

(2) copies of license - 15.00 

(3) abstract of license record 15.00 



(4) processing fee for 

returned checks - 20.00 maximum allowed by law 

(5) fee fo r each copy of Board rules - 10.00 

Authority G.S. 25-3-512; 87-18; 150B-19. 

CHAPTER 56 - BOARD OF PROFESSIONAL 
ENGINEERS AND LAND SURVEYORS 

Notice is hereby given in accordance with G.S. 150B-21.2 
that the Board of Registration for Professional Engineers 
and Land Surveyors intends to amend rules cited as 21 NCAC 
56 .0103 - .0104. .0401, .0403, .0501 - .0503, .0505, .0601 - 
.0603, .0606, .0701 - .0702, .0901 - .0902, .1102 - .1106, 
.1201, .1203, .1205, .1301 - .1302, .1403, .1409, .1411, 
.1602 - .1604, .1703- .1705, .1711 and repeal .0404 - .0405. 
Notice of Rule-making Proceedings was published in the 
Register on October 15, 1997. 

Proposed Effective Date: August 1, 1998 

A Public Hearing will be conducted at 9:00 a.m. on March 
12, 1998 at 3620 Six Forks Road, Suite 300, Raleigh, NC 
27609. 

Reason for Proposed Action: 

21 NCAC 56 .0104 - To clarify Board seal. 

21 NCAC 56 .0401, .0403 - .0405 - To revise records storage 

procedures. 

21 NCAC 56 .0502, .0505 .0602, .0606 - To revise fees. 

21 NCAC 56 .0503 - To clarify Board policy on examination 

requirements. 

21 NCAC 56 .0701 - To clarify Board policy on Standards of 

Professional Conduct. 

21 NCAC 56 .0901 - To clarify Board policy on Resident 

professionals. 

21 NCAC 56 .1002 - To clarify Board policy on Temporary 

permits. 

21 NCAC 56 .1203 - To align rule-making comment procedures 

with G.S. 150B. 

21 NCAC 56 .1002 - .1003, .1103 - .1104 - To clarify Board 

policy on Sealing requirements. 

21 NCAC 56 .1301 - .1302 - To clarify Board policy on 

Improper practice review and settlement conferences. 

21 NCAC 56 .1403 - To clarify Board policy on settlement 

conferences. 

21 NCAC 56 .1602, .1604 - To clarify Board policy on The 

Standards of Practice Land Surveying. 

To make grammatical corrections, and to make the rules gender 

neutral. 

Comment Procedures: Submit comments in writing to the 
Rule-making Coordinator, David S. Tuttle, Board Counsel, 
North Carolina State Board of Registration for Professional 
Engineers and Land Surveyors. 3620 Six Forks Road, Suite 



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300, Raleigh, NC 27609, Written statements must be delivered 
no later than March 18, 1998. Oral statements will be 
accepted at the hearing. 

Fiscal Note: 21 NCAC 56 .0502, .0505. .0602. .0606 - These 
Rules affect the expenditures or revenues of state government 
funds but do not affect local government funds . All other ndes 
do not affect the expenditures or revenues of state or local 
government funds. Tfiese Rules do not have a substantial 
economic impact of at least five million dollars ($5,000,000) in 
a 12-month period. 

SECTION .0100 - ORGANIZATION 
OF BOARD 

.0103 ORGANIZATION 

(a) Secretary. The secretary elected by the Board has final 
authority and responsibility in the operation of the Board office 
subject to policies and directives as established by the full 
Board or these rules. The secretary may assign to the executive 
secretary those day-to-day administrative and operational duties 
as are approved by majority vote of the full Board. 
Authorization by the secretary for the disbursement of funds by 
the executive secretary must be in writing and have the 
unanimous approval of the Board. 

(b) Board Committees. The Board shall be organized into 
a an engineering committee and a land surveying committee. 
The engineering committee shall consist of the four engineer 
members and one public member. The land surveying 
committee shall consist of the three land surveyor members and 
one public member. The Board chairman chairperson shall 
appoint the cliaiiiuaii chairperson of each committee and 
appoint the public member to each committee. 

(c) Executive Secretary. The day-to-day operations of the 
Board office shall be the responsibility of the executive 
secretary under the direction of the secretary subject to policies 
and directives as established by the Board or these rules. The 
executive secretary may be authorized by the Board or the 
secretary to represent the Board before professional or 
governmental organizations when such representation serves to 
further and support the purposes of the Board and is made 
within the expressed policies of the Board or these Rules. 

Authority G.S. 89C-4 through 89C-11. 

.0104 DESCRIPTION OF SEAL 

The official seal adopted by the Board is the Seal of the State 
of N ort h Car o lina. Nonh Carolina with the inscription of the 
Board name on the perimeter. 

Authority G.S. 89C-10(b). 

SECTION .0400 - RECORDS AND 

REPORTS OF BOARD: RETENTION 

AND DISPOSITION 



.0401 



RECORDS OF BOARD PROCEEDINGS 



Records of all proceedings of the Board such as rule-making 
proceedings, declaratory rulings and contested cases and all 
other permanent records are retained at the office of the Board 
and a r e no t or disposed of or may be transferred from that 
office. 

Authority G.S. 89C-W(a); 89C-12. 

.0403 APPLICATION FILES 

Application files are reviewed on an annual basis. If an 
application has been pending for one year or more, notice will 
be given to the applicant of the status of the application file. If 
after notice the applicant does not wish to pursue the application 
or does not reply to the Board's inquir\- within 30 days after 
such notice, the file will be t r ansfe rr ed t o the State Rec or ds 
Cente r maintained by the De p artment of Cultu r al Resources in 
Raleigh. North Ca ro lina, destroyed. 

Authority G.S. 89C- 10(a); 89C-12. 

.0404 DESTRUCTION OF APPLICATION FILES 

Inac t ive applica t ion fil e s transfe r red to t he State Reco r ds 
Cen t e r of the De p artment of Cultu r al Resou r ces will be 
d e stroy e d two y e ars aft e r the no t ice of in t ended tr ansf er unl e ss 
they are r eac t ivated wi t hin two years afte r said notice. 

Authority G.S. 89C- 10(a); 89C-12. 

.0405 REACTIVATION OF APPLICATION HLE 

U p on w r itt e n r eques t wi t hin two years of the date of no t ice 
of intended t r ansfe r , and p aymen t of requi r ed a pp lica t ion fees, 
th e Board will r e ac t ivat e the a pp lica t ion file. Af t e r two years, 
the a pp lican t is r equi r ed to file a new application. 

Authority G.S. 89C-10(a); 89C-12. 

SECTION .0500 - PROFESSIONAL 
ENGINEER 

.0501 REQUIREMENT FOR LICENSING 

(a) Education. The education of an applicant shall be 
considered in determining eligibility for licensing as a 
Professional Engineer. The following terms used by the Board 
for the specific educational requirements to be eligible to be 
licensed as a Professional Engineer are defined by the Board as 
follows: 

(1) Engineering Curriculum of Four or more Years 
Approved by the Board is defined as a curriculum 
that has been accredited by the Accreditation Board 
for Engineering and Technology (ABET). This 
curriculum is incorporated by reference including 
subsequent amendments and editions. This material 
is available for inspection at the office of the North 
Carolina State Board of Registration for Professional 
Engineers and Land Surveyors, 3620 Six Forks 
Road, Suite 300, Raleigh, North Carolina 27609. 
Copies may be obtained at the Board office at a cost 



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# 



I 



I 



of five dollars ($5.00) per copy. 

(2) Engineering or Related Science Curriculum of Four 
or more Years Other than Ones Approved by the 
Board is defined as a curriculum, although not 
accredited by ABET, of physics, math, chemistry 
and engineering technology which contains 
engineering or scientific principles. 

(3) Equivalent Education Satisfactory to the Board: 

(A) A bachelo r s bachelor's degree in Engineering 
Technology shall be considered equivalent to 
an engineering or related science curriculum 
of four or more years other than one approved 
by the Board. 

(B) An associate degree in an engineering related 
curriculum with an additional two years of 
progressive engineering experience shall be 
considered equivalent to an engineering or 
related science curriculum of four or more 
years other than one approved by the Board. 

(C) A diploma from an accredited high school 
with an additional four years of progressive 
engineering experience shall be considered 
equivalent to an engineering or related science 
curriculum of four or more years other than 
one approved by the Board. 

(D) Foreign degrees may be considered as 
recommended by the National Council of 
Examiners for Engineering and Surveying 
(NCEES) in its publications; provided 
however, maximum equivalency granted shall 
be that of an engineering or related science 
curriculum of four or more years other than 
one approved by the Board. The NCEES 
publications are incorporated by reference 
including subsequent amendments and 
editions. This material is available for 
inspection at the office of The North Carolina 
State Board of Registration for Professional 
Engineers and Land Surveyors, 3620 Six 
Forks Road, Suite 300, Raleigh, North 
Carolina 27609. Copies may be obtained at 
the Board's office at a cost of five dollars 
($5.00) per copy. 

(b) Experience: 

(1) General. The experience of an applicant shall be 
considered in determining whether an applicant is 
eligible to be licensed as a Professional Engineer. 

(2) Required Experience. In evaluating the work 
experience required the Board may consider the total 
experience record, and the progressive nature of the 
record. (Not less than half of required engineering 
experience shall be of a professional grade and 
character, and shall be 
responsible charge of 
Engineer.) 

(3) Definition. The terms "progressive engineering 
experience" or "progressive experience on 



performed under the 
registered Professional 



engineering projects" mean that during the period of 
time in which an applicant has made a practical 
utilization of his acquired knowl e dg e knowledge, he 
has shown continuous improvement, growth and 
development have been shown in hts the utilization 
of that knowledge as revealed in the complexity and 
technical detail of hts the work product or work 
record. The applicant must show that he has 
c o ntinuously assumed continuous assumption of 
greater individual responsibility for hts the work 
product over that period of time. 

(4) Specific Credit for Experience. In evaluating 
progressive engineering ex p e r ience experience, the 
Board may give credit for experience in the 
following areas of work: 

(A) Graduate schooling or research in an approved 
engineering curriculum - maximum two years; 

(B) Progressive land surveying - maximum two 
years; 

(C) Teaching of science or engineering subjects at 
the graduate level in an approved engineering 
curriculum - maximum two years. 

(5) Experience Not Considered: 

(A) Experience obtained prior to graduation while 
receiving education for which credit is given 
toward registration, unless such experience is 
obtained in a co-op program in an engineering 
curriculum approved by the Board. 

(B) Experience obtained in a foreign country 
unless performed under direct supervision of 
a r egis t e r ed Professional Engineer registered 
with a member Board of the National Council 
of Examiners for Engineering and Surveying 
(NCEES). 

Authority G.S. 89C-10; 89C-13. 

.0502 APPLICATION PROCEDURE: INDIVIDUAL 

(a) General. A person desiring to become licensed as a 
Professional Engineer must make application to the Board on 
a form prescribed and furnished by the Board. 

(b) Request. A request for an appropriate application form 
may be made at the Board address. 

(c) Applicable Forms: 

(1) Student Form. This form requires the applicant to 
set forth hts personal history, hts educational 
background, provide character references, and 
furnish a photograph for identification purposes. 
The form is for use by those graduating, or those 
having graduated, from an engineering curriculum 
approved by the Board as follows: 

(A) Students graduating in the same semester or 
quarter in which the fundamentals of 
engineering examination is administered. 

(B) Graduates with less than two years since 
graduation. 

(2) Professional Engineer Form: 



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PROPOSED RULES 



(A) All persons, including comity applicants and 
graduates of an engineering curriculum 
approved by the Board with more than two 
years progressive engineering experience, 
shall apply for registration by using the 
Professional Engineer form. The submission 
of this form shall signify that the applicant 
seeks registration, and will result in seating 
for each examination required, when the 
applicant is so qualified. This form requires 
the applicant to set forth his personal and 
educational background, his engineering 
experience and his character references. A 
passport-type photograph for identification 
purposes is required. 

(B) Persons who have previously completed the 
fundamentals examination by use of the 
Student Form shall submit the Professional 
Engineer Form to request registration when 
qualified to take the final eight-hour 
examination. 

(3) Supplemental Form. Persons who initially applied 
for the fundamentals of engineering exam using the 
Professional Engineer form must supplement their 
the initial application upon applying for the 
principles and practice examination. The 
supplemental form requires that engineering 
experience from the date of the initial application 
until the date of the supplemental application be 
listed. Five references shall be submitted which are 
current to within one year of the examination date. 

(4) Reference Forms: 

(A) Persons applying to take the examination for 
fundamentals of engineering must submit to 
the Board names of three individuals who are 
familiar with the applicant's work, character 
and reputation. One of these individuals must 
be registered as a Professional Engineer. 
Persons applying to take the examination for 
principles and practices of engineering must 
submit to the Board names of five individuals 
who are familiar with the applicant's work, 
character and reputation. Two of these 
individuals must be registered Professional 
Engineers. 

(B) In addition to the applicant submitting names 
to the Board of individuals familiar with the 
applicant's work, character and reputation, 
those individuals listed are required to submit 
to the Board their evaluation evaluations of the 
applicant on forms supplied them by the 
applicant. Such information is considered 
confidential and shall not be released by the 
Board. 

(C) The reference form requires the individual 
evaluating the applicant to state the evaluating 
individual's profession, his knowledge of the 



applicant and to — state other 
concerning the 
experience 



information 
engineering 



(d) Fees 
(1) 



applicant's 
character and reputation. 
(D) The reference forms shall be received by the 
applicant when he r eceives his with the 
application. The reference forms are then to 
be distributed by the applicant to the persons 
listed by him on his the application as 
references. It is the applicant's responsibility 
to see that the individuals listed as references 
return the reference forms to the Board prior 
to the filing deadline for the examination. 



(2) 



(3) 



(4) 



Student Form. The examination fee for applicants 
applying for examination on the fundamentals of 
engineering using the student form is payable with 
the filing of the application. Once the applicant 
passes the examination on the fundamentals of 
engineering, the registration fee of one hundred 
dollars ($100.00) and the examination fee for the 
principles and practice of engineering examination is 
are payable with the applicant's subsequent 
application for registration as a Professional Engineer 
using the Professional Engineer form. 
Professional Engineer Form. The registration fee of 
one hundred dollars ($100.00) and appropriate 
examination fee for applicants applying for the 
examination on the fundamentals of engineering or 
the principles and practice of engineering using the 
Professional Engineer form is are payable with the 
filing of the application. 

Comity. The registration fee of one hundred dollars 
($100.00) for applicants for comity registration is 
payable with the filing of the application. 
Examination. The examination fee for any applicant 
is payable with the filing of the application in 
a c co r dance with t he following schedule : the amount 
of the actual cost of the examination plus an 
administrative fee of fifteen dollars ($15.00). 



Enginee r ing Fundamen t als 



$40.00 



Engineering P r inci p les &. Prac t ice $70.00 

(e) The Board shall accept the records maintained by the 
National Council of Examiners for Engineering and Surveying 
(NCEES) as evidence of registration in another state. 

Authority G.S. 89C-10; 89C-13; 89C-14. 

.0503 EXAMINATIONS 

(a) Fundamentals of Engineering. This eight-hour written 
examination is designed primarily to test the applicant's 
proficiency and knowledge of the fundamentals of engineering. 

(b) Principles and Practice of Engineering. This eight-hour 
written examination is designed to test the applicant's 
proficiency and knowledge of engineering principles and 
practices. 

(c) Examination Aids. Examinees may utilize examination 
aids as specified in published Board material furnished to 



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PROPOSED RULES 



applicants. 

(d) Preparation of Examination. The examinations in the 
fundamentals of engineering and in the principles and practice 
of engineering are national examinations promulgated by the 
National Council of Examiners for Engineering and Surveying 
(NCEES) of which the Board is a member. 

(e) Examination Sequence. Before the applicant is permitted 
to be examined on the principles and practice of engineering, 
the applicant must successfully pass the examination on the 
fundamentals of e ngineering, engineering, unless the applicant 
can evidence 20 years of progressive engineerin g experience 
and receives a waiver from the fundamentals of engineering 
exam by the Board. In no event is an applicant allowed to take 
both examinations at the same time or at the same scheduled 
examination date. 

(f) Examination Filing Deadline. The applicant who wishes 
to take an examination must have his the completed application 
(which includes all necessary references, transcripts, and 
verifications) in the Board office prior to the Board-established 
deadline dates of August 1 for Fall examinations and January 
2 for Spring examinations. 

(g) Seating Notice. After approval of an application to take 
either the examination on the fundamentals of engineering or 
principles and practice, the applicant will be sent a seating 
notice. This notice will inform the applicant of the date, time 
and location of the examination and the seat t o which he is 
number assigned. 

(h) Unexcused Absences. After a seating notice has been 
issued for a scheduled examination by the Board, and the 
applicant fails to appear, that applicant's record will reflect 
"unexcused absence" unless the absence was for official jury 
duty or the applicant was not physically able to be present, as 
indicated by a doctor's certificate. 

(i) Oral Interview. During the examination on the principles 
and practice of engineering, the applicant may be interviewed 
by Board members. The purpose of the interview is to augment 
the evidence submitted in an application with regard to 
education or experience. 

(j) Re-Examination. A person who has failed an 
examination is allowed to apply to take the examination again 
at the next regularly scheduled examination p e r i o d, period by 
making written request and submitting the required exam fee. 
A person having a combined record of three failures or 
unexcused absences will not be allowed to take that examination 
again until a written appeal is made to the Board and 
qualifications for examination are reviewed and reaffirmed by 
the Board. The applicant must demonstrate to the Board that 
actions have been taken to improve the applicant's chances for 
passing the exam. 

Authority G.S. 89C-10; 89C-13 through 89C-15. 

.0505 EXPIRATIONS AND RENEWALS OF 
CERTIFICATES 

(a) Professional Engineer Registration. An annual renewal 
fee of thi rt y five fony dollars ( $35.00 $40.00 ) for certificates 
of registration for Professional Engineers shall be payable to 



the Board. The Board will send to each registered Professional 
Engineer a form which requires the registrant to provide the 
Board with his both the business and residential add r ess 
addresses, and — to — affix — the — r egist r an t 's — No r th — Carolina 
P r ofessional Enginee r 's seal t he r eu p on. The completed form 
for renewal of certificate along with the required fee is to be 
forwarded to the Board. 

(b) Engineer-In-Training Certificate. The 

Engineer-In-Training certificate does not expire and, therefore, 
does not have to be renewed. 

Authority G.S. 89C-10; 89C-17. 

SECTION .0600 - LAND SURVEYOR 

.0601 REQUIREMENT FOR LICENSING 

(a) Education. The following terms used by the Board for 
the sj)ecific education requirements to be eligible to be licensed 
as a Registered Land Surveyor are defined by the Board as 
follows: 

(1) B.S. in Surveying or Other Equivalent Curricula. 
These degrees must contain a minimum of 45 
semester hours, or their quarter-hour equivalents, of 
subjects directly related to the practice of surveying. 
Of the 45 semester hours, a minimum of 12 semester 
hours of surveying fundamentals, 12 semester hours 
of applied surveying practice and 12 semester hours 
of advanced or theoretical surveying courses is are 
required. The remainder of the required surveying 
courses may be elective-type courses directly related 
to surveying. 

(2) Associate Degree in Surveying Technology. This 
deg r ees degree must contain a minimum of 30 
quarter hours, or semester-hour equivalents, of 
subjects directly related to the practice of surveying. 
Appropriate courses in surveying practices, 
subdivision design and plarming, surface drainage 
and photogrammetry must be successfully completed. 

(b) Experience: 

(1) Definition. As used in the North Carolina 
Engineering and Land Surveying Act the term 
"progressive practical surveying experience" means 
that during the period of time in which an applicant 
has made a practical utilization of his the knowledge 
of the principles of geometry and trigonometry in 
determining the form, boundaries, position and 
extent of the earth's surface, he — has — shown 
continuous improvement, growth and development in 
his the utilization of that knowledge have been 
shown. In addition, the applicant must show tha t h e 
has con t inuously assumed the continuous assumption 
of greater individual responsibility for his the work 
product over that period of time. 

(2) Experience Accepted. In order to have experience 
adequate to comply with the requirements of the law, 
the applicant's work experience must be concerned 
with land surveying and is normally gained while 



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working under the responsible charge of a Registered 
Land Surveyor. 
(3) Other Experience. Work done in the following areas 
r e qui r e requires evidence to the Board of its 
equivalency to land surveying: 

(A) construction layout, 

(B) engineering surveying, 

(C) pan-time surveying work, 
(c) E.xJiibits, Drawings, Plats: 

(1) Required Exhibit Before Fundamentals of Land 
Surveying Examination. The applicant must submit, 
along with hw the application, an actual plat or an 
example plat which discloses thai the applicant is 
knowledgeable in the elements of good mapping 
practices. 

(2) Required Exhibit Before Principles and Practices of 
Land Surveying Examination: 

(A) General. The applicant must submit, along 
with hrs the application, an actual plat of a 
boundary survey of an actual project which 
discloses that the applicant is knowledgeable 
of the contents of the Standards of Practice for 
Land Surveying in North Carolina (Section 
.1600) and also is able to apply this 
knowledge by preparing a plat in accordance 
with the various legal and professional 
requirements of land surveying. 

(B) Physical Requirement. The map submitted 
must be a clean, clear clear, legible print of an 
original map in the file of a Registered Land 
Surveyor. 

(3) Specific Requirements. The specific details that will 
be evaluated are those applicable to the particular 
project as described in the Standards of Practice for 
Land Surveying in North Carolina (Section .1600) 
and as described in G.S. 47-30. In addition, the 
exhibit shall contain a statement that the field work, 
calculation and mapping was were performed by the 
applicant under the supervision of a Registered Land 
Surveyor, attested to by the Registered Land 
Surveyor. 

(4) Requirements for Comity Applicant. The map 
submitted by an applicant under comity may be a 
sample plat of a project or work performed in hts the 
state of registration which will be evaluated in 
accordance with legal requirements of North 
Carolina. 

Authority G.S. 89C-I0; 89C-13; 47-30. 

.0602 APPLICATION PROCEDURE: INDIVIDUAL 

(a) General. A person desiring to become a Registered Land 
Surveyor must make application to the Board on a form 
prescribed and furnished by the Board. 

(b) Request. A request for the application form may be 
made at the Board address. 

(c) Application Form. All persons applying to be licensed 



as a Registered Land Surveyor shall apply using the standard 
application form. This form requires the applicant to set forth 
his personal background, plus hrs educational background, his 
land surveying experience, and his references. A passport-type I 
photograph for identification purposes is required also. 

(d) Supplemental Form. Persons who initially applied for 
registration as a land surveyor, but were not eligible initially to 
be admitted to the examination for principles and practice of 
land surveying, must supplement their initial a p plication 
applications upon ultimately applying for the second 
examination. The applicant must supplement his the initial 
application by using the supplemental form, which requires him 
t o list his the listing of land surveying experience from the date 
of the initial application, until application to the date of the 
supplemental application. Five references shall be submitted 
which are current to within one year of the examination date. 

(e) Reference Forms: 

(1) Persons applying to take the examination for the 
fundamentals of land surveying or the examination 
for principles and practice must submit to the Board 
names of individuals who are familiar with the 
applicant's work, character and reputation. The 
names are submitted by the applicant on the 
application form. 

(2) Persons applying for the fundamentals of land 
surveying examination must submit three references, 
one of which must be a Registered Land Surveyor. 
Persons applying for the principles and practice 
examination must submit five references, two of / 
which must be a Registered Land Su r v e yo r , y 
Surveyors. 

(3) In addition to the applicant submitting names to the 
Board of such individuals, those individuals listed 
are required to submit to the Board their evalua t ion 
evaluations of the applicant on reference forms 
supplied them by the applicant. Such information is 
considered confidential and will not be released by 
the Board. 

(4) The reference form requires the individual evaluating 
the applicant to state the evaluating individual's 
profession, his knowledge of the applicant and other 
information concerning the applicant's land 
surveying experience, character and reputation. 

(5) The reference form forms will be received by the 
applicant when he r eceives his along with the 
application for registration. The reference forms are 
then to be distributed by the applicant to the persons 
listed by him on his the application as references. It 
is the applicant's responsibility to see that the 
individuals listed as references return the forms to 
the Board prior to the filing deadline for the 
examination applied for by the applicant. 

(f) Fees: 

( 1 ) Regular. The registration fee of one hundred dollars ^ 
(5100.00) and appropriate examination fee for those I 
applying for registration based upon examination, ^ 
experience, character and exhibit is are payable with 



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the filing of the application. 

(2) Comity. The registration fee of one hundred dollars 
(SIOO.OO) and appropriate examination fee for those 
applying for registration based upon comity ts are 
payable with the filing of the application. 

(3) Examination. The examination fee for any applicant 
is payable with the filing of the application in 
acconiance wi t h t he following schedul e : the amount 
of the actual cost of the examination plus an 
administrative fee of fifteen dollars ($15.00). 

(At Land Su r veying Fundamen t als $50.00 

(S) Land Su r veying Princ ip les & P r a ct i c e $60.00 



(i) Re-Examination. A person who has failed an 
examination is allowed to apply to take the examination again 
at the next regularly scheduled examination period. A person 
having a combined record of three failures or unexcused 
absences will not be allowed to take that examination again 
until a written appeal is made to the Board and the 
qualifications for examination are reviewed and reaffirmed by 
the Board. The applicant must demonstrate to the Board that 
actions have been taken to improve the applicant's chances for 
passing the exam. 

Authorit\ G.S. 89C-10; 89C-15. 



Authority G.S. 89C-10; 89C-13: 89C-14. 

.0603 EXAMINATIONS 

(a) Fundamentals of Land Surveying. This eight-hour 
written examination is designed primarily to test the applicant's 
proficiency and knowledge of the fundamentals of land 
surveying. 

(b) Principles and Practice of Land Surveying. This 
eight-hour written examination is designed to test the 
applicant's proficiency and knowledge of land surveying 
practices and procedures generally and specifically within 
North Carolina. 

(c) Examination Aids. Examinees may utilize examination 
aids as specified in published Board material furnished to 
applicants. 

(d) Preparation of Examination. The examination in the 
fundamentals of land surveying and six hours of the 
examination in the principles and practice of land surveying are 
national examinations promulgated by the National Council of 
Examiners for Engineering and Surveying (NCEES) of which 
the Board is a member. The two-hour North Carolina portion 
of the principles and practice of land surveying examination is 
prepared and graded by the Board. 

(e) Examination Filing Deadline. The applicant who wishes 
to take an examination must have hrs the completed application 
(which includes all necessary references, transcripts, and 
verifications) in the Board office prior to the Board— established 
deadline dates of August 1 for Fall examinations and January 
2 for Spring examinations. 

(0 Seating Notice. After approval of an application the 
applicant will receive a seating notice. This notice will inform 
the applicant of the date, time and location of the examination 
and the seat t o which he is number assigned. 

(g) Unexcused Absences. After a seating notice for a 
scheduled examination has been issued by the Board, and the 
applicant fails to appear, the applicant's record will reflect 
"unexcused absence" unless the absence was for official jury 
duty or the applicant was not physically able to be present, as 
indicated by a doctor's certificate. 

(h) Oral Interview. During the examination on the 
principles and practice of land surveying, the applicant may be 
interviewed by Board members. The purpose of the interview 
is to augment the evidence submitted in an application with 
regard to education or experience. 



.0606 EXPIRATIONS AND RENEWALS OF 
CERTinCATES 

(a) Registered Land Surveyor Registration. An annual 
renewal fee of t hi rt y five forty dollars ( $35.00 $40.00 ) for 
certificates of registration for Registered Land Surveyors shall 
be payable to the Board. The Board will send each Registered 
Land Surveyor a form which requires the registrant to provide 
to the Board his the business and residential address addresses. 
and to affix t he re gis tr an t 's N ort h Ca ro lina Regis t e r ed Land 
Su r vey or 's seal the r eup o n. The completed form for renewal of 
certificate along with any required fee is to be forwarded to the 
Board. 

(b) Surveyor in Training Certificate. The Surveyor In 
Training certificate does not expire and, therefore, does not 
have to be renewed. 

Authority G.S. 89C-17. 

SECTION .0700 - STANDARDS OF 
PROFESSIONAL CONDUCT 

.0701 RULES OF PROFESSIONAL CONDUCT 

(a) In order to safeguard the life, health, property and 
welfare of the public and to establish and maintain a high 
standard of integrity, skills, and practice in the profession of 
engineering and land surveying, the following rules of 
professional conduct are promulgated in accordance with G.S. 
89C-20 and shall be binding upon every person holding a 
certificate of registration as a Professional Engineer or 
Registered Land Surveyor (registrant), and on all partnerships 
or corporations or other legal entities authorized to offer or 
perform engineering or land surveying services in this state. 
All persons registered under the provisions of Chapter 89C of 
the General Statutes are charged with having knowledge of the 
existence of the rules of professional conduct, and shall be 
deemed to be familiar with their several provisions and to 
understand them. 

(b) The Professional Engineer and Registered Land Surveyor 
shall conduct hts the practice in order to protect the public 
health, safety and welfare. He The registrant shall at all times 
recognize his the primary obligation to protect the public in the 
performance of hts the professional duties. If his the 
registrant's engineering or land surveying judgment is 
overruled under circumstances where the safety, health and 



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PROPOSED RULES 



welfare of the public are endangered, he the registrant shall 
inform hts the employer, the contractor and the appropriate 
regulatory agency of the possible consequences of the situation. 

(c) The Professional Engineer and Registered Land Surveyor 
shall perform his services only in areas of hts the registrant's 
competence and: 

(1) Shall undertake to perform engineering and land 
surveying assignments only when qualified by 
education or experience in the specific technical field 
of professional engineering or land surveying 
involved. 

(2) May accept an assignment requiring education or 
experience outside of hts the registrant's own field of 
competence, but only to the extent that hts the 
services are restricted to those phases of the project 
in which he the registrant is qualified. All other 
phases of such project shall be performed by 
qualified associates, consultants, or employees. 

(3) Shall not affix hts the signature or seal to any 
engineering or land surveying plan or document 
dealing with subject matter for which he the 
registrant lacks competence by virtue of education or 
experience, nor to any such plan or document not 
prepared under hts the registrant's direct supervisory 
control. Direct supervisory control (responsible 
charge) requires a registrant or employee to carry out 
all client c o nt r acts contacts, provide internal and 
external fmancial control, oversee employee training, 
and exercise control and supervision over all job 
requirements to include research, planning, design, 
field supervision and work product review. A 
registrant shall not contract with a non-registered 
individual to provide these professional services. 
Research, such as title searches and soil testing, may 
be contracted to a non-registered individual, 
provided that individual is qualified and/or licensed 
to provide such service and provided the registrant 
reviews the work. The Professional Engineer and 
Registered Land Surveyor may affix hts the seal and 
signature to drawings and documents depicting the 
work of two or more professionals provided he it is 
designates designated by a note under hts the seal the 
specific subject matter for which he each is 
responsible. 

(d) The Professional Engineer and Registered Land Surveyor 
shall issue public statements only in an objective and truthful 
manner and: 

(1) Shall be objective and truthful in all professional 
reports, statements or testimony. He Tfie registrant 
shall include all relevant and pertinent information in 
such reports, statements or testimony. 

(2) When serving as an expert or technical witness 
before any court, commission, or other tribunal, 
shall express an opinion only when it is founded 
upon adequate knowledge of the facts in issue, upon 
a background of technical competence in the subject 
matter, and upon honest conviction of the accuracy 



and propriety of hts the registrant's testimony. 

(3) Will issue no statements, criticisms, or arguments on 
engineering or land surveying matters cormected with 
public policy which are inspired or paid for by an 
interested party, or parties, unless he tlie registrant 
has prefaced his the comment by explicitly 
identifying hrmseH the registrant's name, by 
disclosing the identities of the party or parties on 
whose behalf he the registrant is speaking, and by 
revealing the existence of any pecuniary interest he 
the registrant may have in the instant matters. 

(4) Shall not attempt to injure, maliciously or falsely, 
directly or indirectly, the professional reputation, 
prospects, practice or employment of another 
engineer or land surveyor, nor shaH — he 
indiscriminately criticize another engineer or land 
surveyor's work in public. If he the registrant 
believes that another engineer or land surveyor is 
guilty of misconduct or illegal practice, he shall 
pr esen t such information shall be presented to the 
North Carolina State Board of Registration. 

(e) The Professional Engineer and Registered Land Surveyor 
shall avoid conflicts of interest and: 

(1) Shall promptly inform hts the employer or client of 
any business association, interests, or circumstances 
which could influence hts judgment or the quality of 
hts services. 

(2) Shall not accept compensation, financial or 
otherwise, from more than one party for services on 
the same project, or for services pertaining to the 
same project, unless the circumstances are fully 
disclosed to, and agreed to, by all interested parties. 

(3) Shall not solicit or accept financial or other valuable 
considerations from material or equipment suppliers 
for specifying their products. 

(4) Shall not solicit or accept gratuities, directly or 
indirectly, from contractors, their agents, or other 
parties dealing with hts the client or employer in 
connection with work for which he-is tlie registrant 
is responsible. 

(5) When in public service as a member, advisor, or 
employee of a governmental body or department, 
shall not participate in considerations or actions with 
resp)ect to services provided by htm the registrant or 
hts the registrant's organization in private 
engineering and land surveying practices. 

(6) Shall not solicit or accept an engineering or land 
surveying contract from a governmental body on 
which a principal or officer of hts the registrant's 
organization serves as a member. 

(7) Shall not attempt to supplant another engineer or land 
surveyor in a particular employment after becoming 
aware that the other has been selected for the 
employment. 

(0 The Professional Engineer and Registered Land Surveyor 
shall solicit or accept work only on the basis of hts 
qualifications and: 



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I 



\ 



I 



(1) Shall not offer to pay, either directly or indirectly, 
any commission, political contribution, gift, or other 
consideration in order to secure work, exclusive of 
securing salaried positions through employment 
agencies. 

(2) Shall compete for employment on the basis of 
professional qualification and competence to perform 
the work, lie shall Shall not solicit or submit 
proposals for professional services containing a false, 
fraudulent, misleading, deceptive or unfair statement 
or claim regarding the cost, quality or extent of 
services to be rendered. 

(3) Shall not falsify or permit misrepresentation of hw; 
OT — hts — ass o ciates', academic or professional 
qualifications. He shall Shall not misrepresent his 
degree of responsibility in or for the subject matter 
of prior assignments. Brochures or other 
presentations incident to the solicitation of 
employment shall not misrepresent pertinent facts 
concerning employers, employees, associates, joint 
ven t urers ventures, or h« — or — thctr — past 
accomplishments with the intent and purpose of 
enhancing his qualifications and his work. 

(g) The Professional Engineer and Registered Land Surveyor 
shall perform his services in an ethical and lawful manner and: 

(1) Shall not knowingly associate with or permit the use 
of his the registrant's name or firm name in a 
business venture by any person or firm which he the 
registrant knows, or has reason to believe, is 
engaging in business or professional practices of a 
fraudulent or dishonest nature. 

(2) If he the registrant has knowledge or reason to 
believe that another person or firm may be in 
violation of any of these provisions or of the North 
Carolina Engineering and Land Surveying Act, shall 
present such information to the Board in writing and 
shall cooperate with the Board in furnishing such 
further information or assistance as may be required 
by the Board. The re gistrant shall timely respond to 
all inquiries and correspondence from the Board and 
shall timely claim correspondence from the LL S^ 
Postal Service, or other delivery service, sent to the 
registrant from the Board. 

(h) A Professional Engineer or Registered Land Surveyor 
whose professional registration is revoked or suspended by 
another jurisdiction, shall be subject to discipline by the Board 
if the registrant's action violates Chapter 89C of the North 
Carolina General Statutes or these rules. 

Authority G.S. 89C-17; 89C-20. 

.0702 RULES OF CO>fDUCT OF ADVERTISING 

(a) The Professional Engineer or Registered Land Surveyor 
shall not make exaggerated, misleading, deceptive or false 
statements or claims about his professional qualifications, 
experience or performance in his brochures, correspondence, 
listings, or other public communications. 



(b) The prohibitions listed in Paragraph (a) of this Rule 
include, but are not limited to, the use of statements containing 
a material misrepresentation of fact or omitting a material fact 
necessary to keep the statement from being misleading; 
statements intended or likely to create an unjustified 
expectation; and statements containing a prediction of future 
success. 

(c) Consistent with the foregoing, the Professional Engineer 
or Registered Land Surveyor may advertise for recruitment of 
personnel . 

(d) Consistent with the foregoing, the Professional Engineer 
or Registered Land Surveyor may prepare articles for the lay or 
technical press. Such articles shall not imply credit to the 
author for work performed by others. 

Authority G.S. 89C-20. 

SECTION .0900 - BUSINESS 
ORGANIZATIONS: GENERAL 

.0901 OFHCES 

(a) Professional Engineering Services. Every firm, 
partnership, corporation or limited liability company which 
performs or offers to perform engineering services in the State 
of North Carolina shall have a resident registered Professional 
Engineer in responsible charge in each separate office in which 
professional engineering services are performed or offered to be 
performed. 

(b) Land Surveying Services. Every firm, p artn e rshi p 
partnership, corporation or limited liability company which 
performs or offers to perform land surveying services in the 
State of North Carolina shall have a resident Registered Land 
Surveyor in responsible charge in each separate office in which 
land surveying services are performed or offered to be 
performed. 

(c) Resident. A resident registered Professional Engineer or 
Registered Land Surveyor as used in this Rule, means a 
licensee who spends a majority of his the licensee's normal 
working time in said place of business. Such time shall not be 
less than a majoritv of the operating hours of the business. A 
registered Professional Engineer or Registered Land Surveyor 
can be the resident licensee at only one place of business at one 
time. 

(d) No firm, partnership, corporation or limited liability 
company shall practice, or offer to pr actic e practice, or market 
either land surveying or e nginee r ing, engineering unless there 
is a registered resident for that service in responsible charge at 
that said place of business. Advertisements, signs, letterheads, 
business cards, directories, or any other form of representation 
shall avoid any reference to any service that cannot be provided 
under the responsible charge of a properly qualified resident 
professional. 

Authority G.S. 57C-2.01; 89C-10; 89C-24. 

.0902 TITLES OF BUSINESS 
ORGANIZATIONS 



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PROPOSED RULES 



(a) Companies, partnerships, corporations, limited liability 
companies or any other business organization providing 
professional engineering or land surveying services in North 
Carolina shall not practice under a name that is misleading. 
E.xcept as provided below, the title of engineering or land 
surveying companies, partnerships, corporations, limited 
liability companies or any other business organization 
organized primarily to proNide such professional sen,ices shall 
not contain the name of an individual not registered to provide 
the professional services offered or eligible for registration 
under the provisions of G.S. 89C-13. 

(b) .A. firm may include in its title the name or names of one 
or more deceased or retired former members of the firm, 
provided that the firm submi t submits a letter of request and 
explanation with its application to the Board, and that the Board 
finds as a fact that the use of the name is not misleading. 

(c) A business organization shall not change its title, or 
operate under an assumed name, without first applying to the 
Board for a determination that the proposed title meets the 
requirements of Paragraph (a) of this Rule. Requests for name 
changes shall be made in writing on a foiiii forms provided by 
the Board for this purpose. 

Aulhonty G.S. 55B-5: 57C-2.01: 89C-10; 89C-24. 

SECTION .1100 -SEAL 

.1102 DESIGN 

The standard design of the seal shall be two concentric circles 
in which North Carolina and the name of the registrant « are 
placed within the outermost circle and in which the registration 
number of the registrant and either "Professional Engineer" or 
"Registered Land Surveyor," is placed within the iimermost 
circle. The size shall be as directed by the Board. 

Authorin- G.S. 89C-10: 89C-16. 

.1103 STANDARD CERTinCATION 
REQUIREMENTS 

(a) Certification. The seal of a registrant on a map, 
drawing, plan, specification, plat, or report shall signify that it 
is the final work of the registrant unless the work is stamped or 
clearly marked as "preliminary work" as follows: 

(1) "Preliminary - Do not use for construction", 

(2) "Progress Drawings - Do not use for construction", 

(3) "Preliminary Plat - Not for recordation, 
conveyances, or sales", 

(4) "Final Drawing - Not released for const r uction". 
construction". 

(5) "Final Drawing - For Review Purposes Only". 

(b) Certification of Final Drawings. Certification is not 
required for "preliminary work." All other drawings or maps 
shall conform to the following: 

(1) Certification is required on reproducibles or original 
drawings. 

(2) The seal may be a rubber stamp, embossed seal, 
computer-generated seal, or other facsimile found 



acceptable to the Board that becomes a permanent 
addition to a plan sheet or map. 

(3) The registrant's written signature must be placed 
over, or near, the seal on the original document. A 
facsimile signature is not acceptable. 

(4) The date of signing must be annotated on the original 
document. 

(5) All sheets of engineering and surveying drawings 
must be sealed. 

(6) The name and address of the registrant's firm will be 
included on each sheet of engineering drawings. For 
surveys, the registrant's name and address will be 
included on the first sheet of the sur\'ey or title sheet. 

(c) Certificationof Specifications and Repons. Certification 
is not required for "preliminary work." All other specifications 
and repons shall conform to the following: 

(1) Certification is required on original specifications. 

(2) The seal may be a rubber stamp, or other facsimile. 

(3) The registrant's written signature must be placed 
over, or near, the seal on the original document. A 
facsimile signature is not acceptable. 

(4) The date of signing must be annotated on the original 
document. 

(5) The title sheet of engineering specifications or other 
reports must be sealed and bear the name and address 
of the registrant's firm. The title sheet of any survey 
report or written description of property will include 
the name and address of the Registered Land 
Surveyor. / 

(d) Electronically transmitted drawings. Drawings that are \ 
transmitted electronically to a client or a governmental agency 
shall have the computer-generated seal removed from the 
original file. The electronic media shall have the following 
inserted in lieu of the signature and date: This document 
originally issued and sealed by (name of sealer), (registration 
number), on (Date of sealing). This media shall not be 
considered a certified document. 

Authonty G.S. 89C-10; 89C-16. 

. 1 104 CERTinC ATION ^^^TH TEMPORARY 
PERMIT 

All plans, specifications, plats, and repons issued by a 
person holding temporary registration in Nonh Carolina, and 
for use in North Carolina, shall be stamped with the registrant's 
seal from the state in which he is where permanently registered 
and in good standing. Directly beneath this seal, the registrant 
will note the Nonh Carolina Temporary Permit Number, his 
written signature, and the date of signing. A facsimile 
signature is not acceptable. 

Aulhonty G.S. 89C-10; 89C-16: 89C-25. 

.1105 FIRMSE.\L . 

The use of a seal by a firm is not required for certification. I 

A firm seal is not authorized for use in lieu of the required seal * 
of a Professional Engineer or Registered Land Surveyor. When 



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12:16 



PROPOSED RULES 



a finn seal is used, it does not relieve the individual registrant 
of the requirements and responsibilities pertaining to tts the 
individual's seal. 

Authority G.S. 89C-10; 89C-16; 89C-24. 

.1106 CERTinCATION OF STANDARD 
DESIGN PLANS 

Standard design plans must initially be prepared and sealed 
by a Professional Engineer properly registered in the state of 
origin of such plans. Standard design plans may then be 
reviewed by a North Carolina Professional Engineer for code 
conformance, design adequacy, and site adaption for the 
specific application within North Carolina. The Professional 
Engineer who is registered in North Carolina assumes 
responsibility for such standard designs. Standard plans, which 
bear the seal of a Professional Engineer who is registered in 
another state, shall be sealed by the North Carolina resident 
Professional Engineer who is assuming responsibility. He 
should affix his In addition to the seal, and a statement 
subs t antially should be included as follows: "These plans have 
been properly examined by the undersigned. I have determined 
that they comply with existing local North Carolina codes, and 
have been properly site adapted for use in this area. " 

Authority G.S. 89C-10; 89C-I6. 

SECTION .1200 - RULE-MAKING 
PROCEDURES 

.1201 PETITIONS 

(a) Any person wishing to submit a petition requesting the 
adoption, amendment or repeal of a rule by the Board should 
send the petition to the executive secretary at the Board's office 
in Raleigh, North Carolina. 

(b) The petition should contain the following information; 

(1) either a draft of the proposed rule or a summary of 
its contents; 

(2) reason for proposal; 

(3) effect on existing rules; 

(4) any data supporting proposal; 

(5) effect of the proposed rule on existing practices in 
the area involved, including cost factors; 

(6) names of those most likely to be affected by the 
proposed rule, with addresses if reasonably known; 
and 

(7) name and address of each petitioner. 

(c) A review committee made up of one member of the 
Board, the executive secretary and the legal counsel for the 
Board, on behalf of the Board, will determine, based on a study 
of the facts stated in the petition, whether the public interest 
will be served by granting it. It will consider all the contents 
of the submitted petition, plus any additional information it 
deems relevant. 

(d) The executive secretary, on behalf of the review 
committee, will make a recommendation to the Board for the 
denial of the petition or the institution of rule-making 



proceedings, as the case may be. 

(e) Within 120 days of submission of the petition, the Board 
will render a final decision. However, the Board will not be 
required to meet in order to render a decision but such decision 
may be reached by communication among and between the 
members and the executive secretary by letter, telephone or any 
other convenient means of communication. 

(f) If the decision is to deny the petition, the executive 
secretary, on behalf of the Board, will notify the petitioner in 
writing, stating the reasons t he r efo r , therefore. If the decision 
is to grant the petition, the Board will initiate a rule-making 
proceeding. 

Authority G.S. 89C-10. 

.1203 HEARINGS 

(a) Unless otherwise stated in a particular rule-making 
notice, hearings before the Board will be held in the Board 
office. 

(b) Any person desiring to present oral data, views, or 
arguments on the proposed rule must, at least five days before 
the hearing, file a notice with the Board. Notice may be 
waived or a failure to give notice may be excused by the Board 
within its discretion. 

(c) Any person permitted to make an oral presentation is 
encouraged to submit a written copy of the presentation to the 
executive secretary prior to or at the hearing. A request to 
make an oral presentation should contain a brief summary of 
the individual's views with respect thereto, and a statement of 
the length of time the individual intends to speak. Presentations 
may not exceed 10 minutes unless, upon request, either before 
or at the hearing, the Board grants an extension of time, within 
its discretion. 

(d) Upon receipt of a request to make an oral presentation the 
executive secretary will acknowledge receipt of the request, and 
inform the person making the request of the imposition of any 
limitations deemed necessary to the end of a full and effective 
public hearing on the proposed rule. 

(e) Any person may file a written submission containing 
data, comments or arguments, arguments after publication of a 
rule-making notice up t o, and including, th e day of the hearing 
and wi t hin 10 days, following the hearing unless a longe r 
p e riod is stated in the p ar t icular notice o r an extension of t ime 
is g r anted fo r good cause following no t ice, as allowed by G.S. 
150B-21.2(fi. Written submissions, except when otherwise 
stated in the particular rule-making notice, should be sent to the 
Board. Such submissions should clearly state the proposed 
rule(s) to which the comments are addressed. 

(f) Upon receipt of such written comments, prompt 
acknowledgment will be made. 

(g) The presiding officer at the hearing shall have complete 
control of the proceedings, including extensions of any time 
requirements, recognition of speakers, time allotments for 
presentations, direction of the flow of the discussion and the 
management of the hearing. The presiding officer, at all times, 
shall take care that each person participating in the hearing is 
given a fair opportunity to present views, data and comments. 



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PROPOSED RULES 



(h) A record of all rule-making proceedings will be 
maintained at the Board's office. 

Authority G.S. 89C-10. 

.1205 DECLARATORY RULINGS 

(a) Any person substantially affected by a statute 
administered or rule promulgated by the Board may request a 
declaratory ruling as to either whether or how the statute or rule 
applies to a given factual situation or whether a particular 
agency rule is valid. 

(b) The Board will have the power to make such declaratory 
rulings. All requests for declaratory rulings shall be written and 
mailed to the Board. 

(c) All requests for a declaratory ruling must include the 
following information: 

(1) name and address of petitioner; 

(2) statute or rule to which petition relates; 

(3) concise statement of the manner in which petitioner 
is aggrieved by the rule or statute or its potential 
application to hrrrtt petitioner: 

(4) a statement of whether an oral hearing is desired, and 
if so, the reasons for such an oral hearing. 

(d) Whenever the Board believes for good cause that the 
issuance of a declaratory ruling is undesirable, it may refuse to 
do so. When good cause is deemed to exist, the Board will 
notify the petitioner of its decision in writing stating reasons for 
the denial of a declaratory ruling. 

(e) Where a declaratory ruling is deemed appropriate, the 
Board will issue the ruling within 60 days of receipt of the 
petition. 

(0 A declaratory ruling procedure may consist of written 
submissions, oral hearings, or such other procedure as may be 
appropriate in a particular case. 

Authority G.S. 89C-10. 

SECTION .1300 - BOARD DISCIPLINARY 
PROCEDURES 

.1301 IMPROPER PRACTICE BY A REGISTRANT 

(a) General. Alleged improper practice by a registrant shall 
be subject to Board investigation and disciplinary action by the 
Board if necessary. 

(b) Preferring Charges. Any person who believes that any 
licensed Professional Engineer, Registered Land Surveyor or 
firm holding a certificate of authorization is in violation of the 
provisions of G.S. 89C or these Rules may prefer charges 
against that person or firm by setting forth in writing those 
charges and swearing to their authenticity. The charges are to 
be filed at the Board's office in Raleigh, North Carolina. 

(c) Preliminan,' Re\iew: 

(1) Upon receipt of a properly tiled charge, an 
investigation shall be initiated. 

(2) A written notice and explanation of the charge shall 
be forwarded to the person or firm against whom the 
charge is made and a response is requested of the 



person or firm so charged to show compliance with 
all lawful requirements for retention of the license. 
Notice of the charge and of the alleged facts or 
alleged conduct shall be given personally or by 
certified mail, return receipt requested. 

(3) In the discretion of the executive secretary, a field 
investigation may be performed. 

(4) After preliminary evidence has been obtained, the 
matter shall be referred to the Board's review 
committee which is made up of the following 
individuals: 

(A) one member of the Board, 

(B) the legal counsel of the Board, and 

(C) the executive secretary of the Board. 

(5) Upon review of the available evidence, the review 
committee shall present to the Board a written 
recommendation that: 

(A) The charge be dismissed as unfounded or 
trivial; 

(B) When the charge is admitted as true, the Board 
acce p t accepts the admission of guilt by the 
person charged and orders him that person not 
to conunit in the future the specific act or acts 
admitted by him and. also, and also not to 
violate any of the acts of misconduc t s p ecifi e d 
in the law provisions of the Board Rules or the 
statutes at any time in the future; 

(C) The charge, whether admitted or denied, be 
presented to the full Board for a hearing and 
determination by the Board on the merits of 
the charge in accordance with the substantive 
and procedural requirements of the provisions 
of Section .1400 of this Chapter and the 
provisions of G.S. 150B; or 

(D) Whether the charge is admitted or denied, the 
Board give notice to the registrant of a 
decision wi t hou t hearing contemplated action 
as set out in Rule .1403(b). 

(d) Board Decision. Notice of the decision by the Board on 
recommendations of the review committee shall be given to the 
party against whom the charges have been brought and the 
party submitting the charge. Though it is not forbidden to do 
so, the Board is not required to notify the parties of the reasons 
of the Board in making its determination. 

(e) Settlement Conference. When the Board issues a citation 
for hearing or notice of a decisi o n — wi t hout — hearing, 
contemplated action, the registrant may request in writing a 
settlement conference to pursue resolution of the issue(s) 
through informal procedures, ff IL after the completion of a 
settlement confe r ence conference, the registrant and Board's 
settlement committee do not agree to a resolution of the dispute 
for the full Board's consideration, the original administrative 
proceeding shall commence. During the course of the 
settlement conference, no sworn testimony shall be taken nor 
shall any witnesses be cross-examined. 

(1) The Board's settlement committee shall be made up 
of the following individuals: 



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12:16 



PROPOSED RULES 



as well as all deeds and plats recorded after the date of the deed 
or plat upon which the survey is being based. 

(c) Except as provided in Paragraph (d) of the Rule, metal 
stakes or materials of comparable permanence shall be placed 
at all comers. 

(d) Where a comer or impo r tan t p oin t falls in a right-of-way, 
in a tree, in a stream, or on a fence post, boulder, stone, etc., 
one or more monuments or metal stakes shall be placed in the 
boundary line so that the inaccessible point may be located 
accurately on the ground and the map. Comers of a property 
line on a road right-of-wav or margin shall be monumented at 
the points of entry and exit. The intermediate comers need not 
be monumented iL due to proximate location to the entry and 
exit points, they may be confused with the entry and exit 
points. 

(e) The results of a survey when reported to the user of that 
survey, whether in written or graphic form, shall be prepared 
in a clear and factual manner. All reference sources shall be 
identified. Artificial monimients called for in such reports shall 
be described as found or set. When no monument is found or 
set for points described m Paragraph (d) of this Rule, shown in 
such reports, that fact shall be noted. 

(f) Where the results of a survey are reported in the form of 
a plat or a written description, one or more comers shall, by a 
system of azimuths or courses and distances, be accurately tied 
to and coordinated with a horizontal control monument of some 
United States or State Agency survey system, such as the North 
Carolina Geodetic Survey, where such monument is within 
2000 feet of the subject property, right-of-way, easement or 
other surveyed entity. Where the North Carolina grid system 
coordinates of said monument are on file in the North Carolina 
Department of Envir o nment. Health. Environment and Natural 
Resources, the coordinates of both the referenced comer or 
point and the monument(s) shall be shown in X (easting) and Y 
(northing) coordinates on the plat or in the written description 
or document. The coordinates shall be identified as based on 
'NAD 83', indicating North American Datum of 1983 or as 
'NAD 27' indicating North American Datum of 1927. The tie 
lines to the monuments must be sufficient to establish tme north 
or grid north bearings for the plat or description if the 
monuments exist in pairs. Control monuments within a 
previously recorded subdivision may be used in lieu of grid 
control. In the interest of bearing consistency with previously 
recorded plats, existing bearing control may be used where 
practical. In the absence of Grid Control, other natural or 
artificial monuments or land marks landmarks shall be used. In 
all cases, the tie lines shall be sufficient to accurately reproduce 
the subject lands from the control or reference points used. 

(g) Area is to be computed by double meridian distance or 
equally accurate method and shown on the face of the plat, 
written description or other document. Area computations by 
estimation, by planimeter, by scale, or by copying from 
another source are not acceptable methods, except in the case 
of tracts containing inaccessible areas and in these areas the 
method of computation will be clearly stated. 

Authority G.S. 89C-10; 89C-21. 



.1603 CLASSIFICATION OF BOUNDARY 
SURVEYS 

(a) General. Boundary surveys are defined as surveys made 
to establish or to retrace a boundary line on the ground, or to 
obtain data for constmcting a map or plat showing a boundary 
line. For the purpose of this Rule the term refers to all 
surveys, including "loan" or "physical" surveys, which 
involves involve the determination or depiction of property 
lines. For the purpose of specifying minimum allowable 
surveying standards for boundary surveys, four general 
classifications of lands in North Carolina are established from 
the standpoint of their real value, tax value, or location. Each 
map shall contain a statement of the calculated ratio of precision 
before adjustments. 

(b) Local Control Network Surveys (Class AA). Local 
control network surveys are traverse networks utilizing 
permanent points for the purpose of establishing local 
horizontal control networks for future use of local surveyors. 
For Class AA boundary surveys in North Carolina, the angular 
error of closure shall not exceed ten seconds times the square 
root of the number of angles tumed. The ratio of precision 
shall not exceed an error of closure of one foot per 20,000 feet 
of perimeter of the parcel of land (1:20,000). 

(c) Urban Land Surveys (Class A). Urban surveys include 
lands which normally lie within a town or city. For Class A 
boundary surveys in North Carolina, the angular error of 
closure shall not exceed 20 seconds times the square root of the 
number of angles turned. The ratio of precision shall not 
exceed an error of closure of one foot per 10,000 feet of 
perimeter of the parcel of land (1 : 10,000). 

(d) Suburban Land Surveys (Class B). Suburban surveys 
include lands in or surrounding the urban properties of a town 
or city. For Class B boundary surveys in North Carolina, the 
angular error of closure shall not exceed 25 seconds times the 
square root of the number of angles tumed. The ratio of 
precision shall not exceed an error of closure of one foot per 
7,500 feet of perimeter of the parcel of land (1 :7,500). 

(e) Rural and Farmland Surveys (Class C). Rural and 
farmland surveys include lands located in mral areas of North 
Carolina and generally outside the suburban properties. For 
Class C boimdary surveys in North Carolina, the angular error 
of closure shall not exceed 30 seconds times the square root of 
the number of angles tumed. The ratio of precision shall not 
exceed an error of closure of one foot per 5,000 feet of 
perimeter of the parcel of land (1:5,000). 

Authority G.S. 89C-10; 89C-21. 

. 1 604 MAPPING REQUIREMENTS FOR 
BOUNDARY SURVEYS 

(a) The size of a map shall be such that all details can be 
shown clearly. 

(b) Any lines which are not actually surveyed must be clearly 
indicated on the map and a statement included revealing the 
source of information from which the line is derived. 

(c) Any revision on a map after a surveyor's seal is affixed 
shall be noted and dated. 



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PROPOSED RULES 



(d) All surveys based on the North Carolina grid system shall 
contain a statement identifying the coordinate system used as 
the North American Datum of 1983 ("NAD 83") or the North 
American Datum of 1927 ("NAD 27"). 

(e) All plats (maps), unless clearly marked as "Preliminary 
Plat - Not for recordation, conveyances, or sales" shall be 
sealed, signed and dated by the Registered Land Surveyor and 
shall contain the following: 

(1) An accurately positioned north arrow coordinated 
with any bearings shown on the plat. Indication shall 
be made as to whether the north index is true, 
magnetic. North Carolina grid ('NAD 83' or 
'NAD27'), or is referenced to old deed or plat 
bearings. If the north index is magnetic or 
referenced to old deed or plat bearings, the date and 
the source (if known) such index was originally 
determined shall be clearly indicated. 

(2) The azimuth or courses and distances of every 
property line surveyed shall be shown. Distances 
shall be in feet or meters and decimals thereof. The 
number of decimal places shall be appropriate to the 
class of survey required. 

(3) All plat lines shall be horizontal or grid 
measurements. All lines shown on the plat shall be 
correctly plotted to the scale shown. Enlargement of 
portions of a plat are acceptable in the interest of 
clarity, where shown as inserts. Where the North 
Carolina grid system is used the grid factor shall be 
shown on the face of the plat. If grid distances are 
used, it must be shown on the plat. 

(4) Where a boundary is formed by a curved line, the 
following data must be given: actual survey data, or 
as a traverse of bearings and distances around the 
curve. If standard curve data is used the bearing and 
distance of the long chord (from point of curvature to 
point of tangency) must be shown on the face of the 
plat. 

(5) Where a subdivision of land is set out on the plat, all 
streets and lots shall be accurately plotted with 
dimension lines indicating widths and all other 
information pertinent to retracing all lines in the 
field. This shall include bearings and distances 
sufficient to form a continuous closure of die entire 
penmeier. 

(6) Where control comers have been established in 
compliance with G.S. 39-32.1, 39-32.2, 39-32.3, 
and 39-32.4, as amended, the location and 
information as required in the r efe r enc e referenced 
stamte shall be plotted on the plat. All other comers 
which are marked by monument or natural object 
shall be so identified on all plats, and where practical 
all comers of adjacent owners along the boundary 
lines of the subject tract which are marked by 
monument or natural object shall be shown. 

(7) The surveyor shall show one of the following where 
they could be determined: 

(A) The names of adjacent land owners; or 



(B) The lot, block, parcel and subdivision 
designations; or 

(C) Other legal reference where applicable. 

(8) All visible and apparent rights-of-way, easements. A 
watercourses, utilities, roadways, and other such ▼ 
improvements shall be accurately located where 
crossing or forming any boundary line of the 
property shown. 

(9) Tie lines as required and defined in Rule .1602(f) of 
this Section shall be clearly and accurately shown on 
the face of the plat, whether or not the plat is to be 
recorded. 

(10) A vicinity map (location map) shall appear on the 
face of the plat. 

(11) Each map shall contain the property designation, 
name of owner or prospective owner, location 
(including township, county, and state), and the date 
or dates die survey was conducted. In addition each 
map will contain a scale of the drawing listed in 
words or figures, figures: a bar-graph when required 
or necessary, necessary: the name, address, 
registration number, and seal of the su r v e y or , 
surveyor: the title source; source: and a legend 
depicting nomenclature. 

Authority G.S. 89C-10; 89C-21. 

SECTION .1700 - CONTINUING 
PROFESSIONAL COMPETENCY 

.1703 REQUIREMENTS 

Every registrant is required to obtain 15 PDH units during the 
renewal p)eriod. If a registrant exceeds the annual requirement 
in any renewal period, a maximum of 15 PDH units may be 
carried forward into the subsequent renewal period. Selection 
of courses and activities which meet the requirements of Rule 
.1702 Item (4) of this Section is the responsibility of the 
registrant. Registrants have the option of selecting courses 
other than those offered by sponsors. Post evaluation of 
courses offered by other than sponsors as defined in Rule . 1702 
Item (6) of this Section could result in non-acceptance. PDH 
units may be earned as follows: 

( 1 ) Completion of college courses . 

(2) Completion of continuing education courses. 

(3) Completion of correspondence, televised, 
videotaped, audiotaped, and other short 
courses/tutorials. 

(4) Presenting or attending seminars, in-house courses, 
workshops, or professional or technical presentations 
made at meetings, conventions or conferences. 

(5) Teaching or instmcting in Items (1) through (4) of 
this Rule. 

(6) Authoring published papers, articles, or books. 

(7) Active participation in professional or technical 
societies. 

(8) Patents. 

(9) Authoring exam questions accepted for use in the 



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12:16 



PROPOSED RULES 



^ 



> 



i 



national engineering or land surveying exam. 
Authority G.S. 89C'10(a); 89C-17. 

.1704 UNITS 

The conversion of other units of credit to PDH units is as 
follows: 

(1) 1 College or unit semester hour 45 PDH 

(2) 1 College or unit quarter hour 30 PDH 

(3) 1 Continuing Education Unit 10 PDH 

(4) 1 Hour of professional development in course work, 
seminars, or professional or technical presentations 
made at meetings, conventions or 
conferences. 1 PDH 

(5) For teaching in Items (1) - (4) of this Rule, PDH 
credits are doubled*. 

(6) Each published paper, article or book. 10 PDH 

(7) Active participation in professional and technical 
society. (Each organization.) 2 PDH 

(8) Each patent 10 PDH 

(9) Each question used. 5 PDH 

♦Teaching credit is valid for teaching a course or seminar for 
the first time only. Teaching credit does not apply to full-time 
facility, faculty, as defuied by the institution where a registrant 
is teaching. 

Authority G.S. 89C-10(a); 89C-17. 

1705 DETERMINATION OF CREDIT 

The Board of Registration has final authority with respect to 
approval of courses, sponsors, credit, PDH value for courses, 
and other methods of earning credit. 

(1) Credit for college or community college courses will 
be based upon course credit established by the 
college. 

(2) Credit for seminars and w or ksh op s, workshops will 
be based on one PDH unit for each hour of 
attendance. Attendance at programs presented at 
professional and technical society meetings will earn 
PDH units for the actual time of each program. 

(3) Credit determination for published papers, articles 
and books and obtaining patents is the responsibility 
of the registrant. 

(4) Credit for active participation in professional and 
technical societies (limited to 2 PDH per 
organization), requires that a licensee serve as an 
officer or actively participate in a committee of the 
organization. PDH credits are not earned until the 
end of each year of service is completed. 

Authority G.S. 89C-10(a): 89C-17. 

.1711 FORMS 

All renewal Renewal applications wtW may require the 
completion of a continuing education form specified by the 
board outlining PDH credit claimed. The registrant must 



supply sufficient detail on the form to permit audit verification, 
must certify and sign the continuing education form, and 
submit the form with the renewal application and fee. 

Authority G.S. 89C-10(a); 89C-17. 



TITLE 26 - OmCE OF ADMINISTRATIVE 
HEARINGS 

Notice is hereby given in accordance with G.S. 150B-21.2 
that the Office of Administrative Hearings intends to 
adopt rules cited as 26 NCAC 4 .0201 - .0204 and amend 
.0101. Notice of Rule-making Proceedings was published in 
the Register on December 15, 1997. 

Proposed Effective Date: August 1, 1998 

A Public Hearing will be conducted at 10:00 a.m. on March 
19, 1998 at 422 N. Blount Street, Hearing Room 102. Raleigh, 
NC. 

Reason for Proposed Action: The Office of Administrative 
Hearings adopted these as temporary rules and intends to adopt 
these as permanent rules to implement Section 2 of SL 1997- 
520 which granted the authority to the Civil Rights Division of 
the Office of Administrative Hearings to investigate and to 
determine probable cause in alleged political discrimination 
complaints. 

Comment Procedures: Any interested person may present 
their views either orally or in writing at the hearing. Any other 
written comments should be directed to Susana Honeywell, 
Rule-making Coordinator, by mail to: PO Drawer 27447, 
Raleigh, NC 2761 1-7447 or faxed to: 733-3407. All comments 
must be received by noon on March 19, 1998. 

Fiscal Note: These Rules do not affect the experulitures or 
revenues of state or local government funds. These Rules do 
not have a substantial economic impact of at least five million 
dollars ($5,000,000) in a 12-month period. 

CHAPTER 4 - CIVIL RIGHTS DIVISION 

SECTION .0100 - GENERAL 

.0101 INTRODUCTION 

(a) — The Equal Employm e n t O pp o r tuni t y Commission 



(EEOC) has designa te d the No r th Carolina State Office o f 
Adminis tr a t ive Hearings as a 706 Defe rr al Agency. Th e No r th 
Carolina Gene r al Assembly has designated th e Office of 
Administ r a t ive Hearings as t h e State's 706 Defe rr al Agency in 



G.S. 7A-75 9 . 

(b) The Office of Adminis t ra t ive H e arings (OAH) acce p ts 
defei r al by t he EEOC of the following classes of charges filed 
wi t h the EEOC in North Carolina: All charges alleging r ace, 
colo r , sex, r eligion, age o r na t ional o r igin discrimination in 



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1508 



PROPOSED RULES 



em p loymen t , or ret aliation fo r opposition lo such alleged 
disc i imina t i o n. fil e d by pr evi o us and cu rr ent s t ate employees o r 
a pp licants f o r em p loyment wh o wer e o r are subjec t to N or th 
Carolina General S t a t ut e s Sec t i o n 120-16 and which have been 
filed wi t h t he CCOC within t he t im e limi t s set forth in 2 9 
C.r.R. 1 6 01.13 and 2 9 C.r.R. 1626. 7(b). 

(c) The Civil Rigjits Division is t he uni t within the Office of 
Administrative Hearings chai ' gcd with the resp o nsibili t y of 
ca r rying out the investiga t i o ns and conciliations of defe rr ed 
cha r ges. 

(d) The Civil Rights Division wttt shall process all deferred 
charges in accordance with applicable administrative rules. 
p olicies, guidelines and standai ' ds promulgated by CCOC. 

tc) The the Federal regulations implementing Title VII of the 
Civil Rights Act of 1 9 64 o r 1964. the Age Discrimination in 
Employment Ac t or Act, and the Americans with Disabilities 
Act bo t h and which are published in 29 C.F.R.. Parts 900 
through 1899 ar e ad o pt e d and are hereby incorporated by 
reference to include subsequent amendments. Copies of 29 
C.F.R.. Pans 900 through 1899 are available at a cost of 
twenty-one dollars ($21.00) from the Government Printing 
Office. Superintendent of Documents. Attn. New Orders. PO 
Box 371954. Pittsburgh. PA 15250-7954. and shall g overn the 
pr ocessing of d e fe rr ed charges. This ado p ti o n is in acco r dance 
wi t hG.S. 150D-14(c). 

Authority G.S. 7A-751; 7A-759. 

SECTION .0200 - POLITICAL 
DISCRIMINATION COMPLAINTS 

.0201 DEFESTTIONS 

In addition to the definitions in G.S. 126-14.2. the following 
definitions apply to this Section: 

(1 ) "Complainant" means a state employee or applicant 
for initial state employment who files a political 
discrimination complaint with the Civil Rights 
Division of the Office of Administrative Hearings 
according to G.S. 126-14.4. 

(2) "Complaint" means a proceeding pursuant to this 
Section to resolve a dispute between an agency and 
another person that involves alleged political 
discrimination. 

(3) "File or filing" a political discrimination complaint 
means to place the paper or document to be filed into 
the care, custody and acceptance of the Civil Rights 
Division. 

(4) "No Probable Cause Determination" means the Civil 
Rights Division concludes that a violation of G.S. 
126-14.2 has not occurred. 

(5) " Probable Cause Determination" means the Civil 
Rights Division concludes that a violation of G.S. 
126-14.2 has occurred. 

(6) "Respondent" means a state, county, or local agency 
or depanment subject to Chapter 126 against whom 
a political discrimination complaint is filed. 

(7) "Serve or Service" means personal deliven,- or 



£8i 



delivery by first class United States Postal Service 
Mail or a licensed overnight express mail service, 
postage prepaid and addressed to the person to be 
served at Ms or her last known address. Service by 
mail or overnight express mail is complete upon 
placing the item to be served, enclosed in a wrapper 
addressed to the person to be served in an official 
depository of the United States Postal Service or 
upon delivery, postage prepaid and wrapped in a 
wrapper addressed to the person to be served to an 
agent of the overnight express mail service. 
"Third Party " means the person who has been 
allegedly hired or promoted in violation of G.S. 126- 
14.2. 



Authority G.S. 7A-751; 126-14.4; 150B-2. 

.0202 CONTENT AND RLING PROCEDURES 

(a) Forms for filing political discrimination complaints may 
be obtained from the Civil Rights Division. PO Drawer 27447. 
Raleigh. NC 27611-7447 or 919-733-0431. An>' person 
wishing to file a complaint of alleged political discrimination 
shall address the complaint to: 

Director of Civil Rights Division 

PO Drawer 27447 

Raleigh. NC 27611-7447 

(b) The complainant may file a political discrimination 
complaint and related documents by facsimile (fax) 
transmission during regular office hours as defined in 26 
NCAC I^ 0102. The faxed complaints and documents will 
be deemed a "filing" within the meaning of 26 NCAC 4 
.0201(3) provided the original complaint or documents are 
received by the Civil Rights Division within five business 
days following the faxed transmission. 

(c) The complaint shall include the following information: 
Full name, address and telephone number (work 
and home) of person making the complaint: 
Full name, address and telephone number of the 
agency against whom the complaint is made (the 
respondent): 

The basis of the complaint (hiring or promotion): 
The date the alleged discrimination occurred: 
The name(s) of the individual(s) hired or 

promoted: 

(6) A statement disclosing the particulars of the 
employment decision: 

(7) The signature of the person making the complaint: 
and 

(8) The date the complainant signed the complaint. 

Authority G.S. 7A-751: 126-14.4. 

.0203 TIME 

Unless otherwise provided in the Rules of the Office of 
Administrative Hearings or in a specific statute, time 
computations in political discrimination complaints before 
the Civil Rights Division shall be governed by G.S. IA-1. 



ill 
i2l 



01 
14) 
£5J 



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PROPOSED RULES 



) 



Rule 6. 

Authority G.S. 7A-751; 126-14.4. 

.0204 INITIAL DETERMINATION 

The initial determination of probable cause or no probable 
cause shall be issued by the Director of the Civil Rights 
Division within 30 days of the filing of the complaint and 
forwarded to the complainant, respondent and the third party. 

Authority G.S. 7A-751; 126-14.4. 



^ 



12:16 NORTH CAROLINA REGISTER February 16, 1998 1510 



TEMPORARY RULES 



The Codifier of Rules has entered the following temporary- nde(s) in the North Carolina Administrative Code. Pursuant 
to G.S. 150B-21.1 (e), publication of a temporary nde in the North Carolina Register serves as a notice of rule-making 
proceedings unless this notice has been previously published by the agency. 



TITLE 7 - DEPARTMENT OF CLXTURAL 
RESOURCES 

Rule-making Agency: USS North Carolina Battleship 
Commission 

Rule Citation: 7 NCAC 5 .0203 

Effective Date of Temporary Rule: March 1. 1998 

Proposed Effective Date for Permanent Rule: August 1, 
1998 

Findings Reviewed and Approved by: Beecher R. Gray 

Authority for the rule-making: G.S. 143B-73 

A public hearing will be conducted at 10:00 a.m. on March 
19, 1998 at the Captain's Cabin, Battleship North Carolina, 
Eagle Island, Wilmington, NC. 

Reason for Proposed Action: To increase the admissions 
rates to tour the Battleship North Carolina. Notice of 
Rulemaking Proceedings was published in the Register on 
January 2. 1997. 

Comment Procedures: Provide comments in writing to 
Director, Battleship North Carolina, PO Box 480, Wilmington, 
NC 28402-0480 no later than 30 days of the publication of this 
temporary change. Public Hearing on the proposed changes to 
be held in the Captain 's Cabin onboard the Battleship North 
Carolina, Wilmington, NC at 10:00 a.m. on March 19, 1998. 

CHAPTER 5 - U.S.S. NORTH CAROLINA 
BATTLESHIP COMMISSION 

SECTION .0200 - USE REGLXATIONS 

.0203 AD\nSSION PRICES 

(a) The admission price for the Battleship U.S.S. Nonh 
Carolina is si.x dollars (56.00) eight dollars ($8.00) for persons 
age 12 and over, th r ee dollars (53.00) four dollars ($4*00) for 
children age 6 through 11, one dollar and fifty cents (51.50) 
two dollars (S2.00) per student for organized school groups in 
grades kinderganen through 6, and th r ee dollars (53.00) four 
dollars ($4.00) per student for organized school groups in 
grades 7 through 12. 

(b) There is no charge for children under 6. 

(c) Classroom teachers, aides, and chaperones accompanying 
students in class field trips will be admitted without charge at 
the rate of one teacher/aide'chaperone for each 10 students. 

(d) Tour groups under auspices of bona fide t r avel agents 



will be offered a 20 p e r cen t discoun t . — Tour directors and 
drivers will be adnTitted with o u t charg e . 

(e) Any o r ganized g r ou p o f 20 or more will be offered a 10 
percent discount when tickets are pu r chased by a single source. 

History Note: Authority G.S. 143B-73; 

Eff. February 1, 1976; 

Readopted Eff. December 1, 1977; 

Amended Eff. January 1, 1993; January 1, 1990; June 1, 1989; 

February 1, 1987; 

Temporary Amendment Eff. January 1, 1997; 

Amended Eff. April 1, 1997; 

Temporary Amendment Eff. January 1, 1997 Expired on 

September 29, 1997; 

Temporary Amendment Eff. March 1. 1998. 



TITLE ISA - DEPARTMENT OF ENVIRONMENT 
AND NATURAL RESOURCES 

Rule-making Agency: Department of Environment and 
Natural Resources 

Rule Citation: 15A NCAC IN .0101 - .0103, .0201 - .0203, 
.0301 - .0304, .0401 - .0403, .0501 - .0503, .0601 - .0606. 
.0701 - .0705, .0801 - .0802, .0901 - .0902 

Effective Date: January 31, 1998 

Findings Reviewed and Approved by: Beecher R. Gray 

Authority for the rule-making: G.S. 159G-5(d); 159G-15 

Reason for Proposed Action: To establish procedures arui 
criteria for making low interest loans from the Drinking Water 
State Revolving Fund (DWSRF). 

Comment Procedures: Comments, statements, data, and 
other information may be submitted in writing after publication 
of this issue of the North Carolina Register. Copies of the 
proposed ndes and application packages may be obtained by 
contacting Sid Harrell in the Public Water Supply Section at 
(919) 733-2321. Written commerus may be submitted to Jessica 
G. Miles, P.E., Section Chief, Public Water Supply Section, 
Di\ision of Environmental Health, PO Box 29536, Raleigh, NC 
27626-0536. 

CHAPTER 1 - DEPARTMENTAL RUXES 

SUBCHAPTER IN - DRINKING WATER 
TREATMENT FL'ND RLXES 



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TEMPORARY RULES 



SECTION .0100 - GENERAL PROVISIONS 

.0101 PURPOSE 

Loans for public water systems from the Drinkin g Water 
Treatment Revolving Loan fiind established by G.S. 159G-5(d) 
shall be made in accordance with this Subchapter. 

History Note: Authority G.S. 159G-5; 159G-15; 
Temporarx Adoption Eff. January 31. 1998. 

.0102 DEFINITIONS 

The following definitions shall apply to this Subchapter: 
(1) "Act" means the N.C. Drinking Water Act. G.S. 
130A-311 et. seq: 
'Division" means the Division of Environment 



01 



01 



(41 



15J 



16] 



Health. Department of Environment and Natural 
Resources: 

"Fund" means the Drinking Water Treatment 
Revolving Loan fund established by G.S. 159G-5(d): 
" Intended Use Plan" means an annual plan to identify 
the proposed uses of the amount available in the state 
revolving fund: 

"MCL" means maximum contaminant level which is 
the permissible level of a contaminant in water which 
is delivered to any user of a public water system: 
"Receiving agency" means the Division of 
Environmental Health. 



History Note: Authority G.S. 159G-5; 159G-15; 
Temporary Adoption Eff. January 31. 1998. 

.0103 APPLICABLE PROCEDURES 

Loans from the Fund will be made in accordance with 
guidelines found in the "Drinking Water State Revolving Fund 
Program Guidelines." published by tlie United States 
Environmental Protection Agency. Office of Water, on 
February 28. 1997 (EPA 816-R-97-005) which is hereby 
incorporated by reference including any subsequent 
amendments and additions. This material is available for 
inspection at the Department of Environment and Natural 
Resources. Division of Environmental Health. 2728 Capital 
Boulevard. Raleigh. North Carolina. Free copies may be 
obtained from the U.S. Environmental Protection Agency by 
telephoning 1-800-426-4791. The guidelines are also available 
on-line at http://www.epa. gov. OGWDW/regs/intro. html. 

History Note: Authority G.S. 159G-5; 159G-15; 
Temporary Adoption Eff. January 31. 1998. 

SECTION .0200 - AVAILABILITY OF LOANS 



shall be available solelv for providing assistance to public water 
systems which regularly serve fewer than 10.000 persons to the 
extent such funds can be obligated for eligible projects. 

(c) During any fiscal year a maximum of five percent of the 
annual allocation may be used for loans for project planning 
purposes only. 

History Note: Authority G.S. 159G-5; 159G-15; 
Temporary Adoption Eff. January 31. 1998. 

.0202 LOAN RESTRICTIONS 

(a) Loans shall not be used for the acquisition of real 
property or interests therein, unless the acquisition is integral 
to a project authorized under this Subchapter and the purchase 
is from a willing seller. 

(b) Except as provided in Paragraph (c) of this Rule no 
assistance shall be provided to a public water system that does 
not have the technical, managerial, and financial capacity to 
ensure compliance with the requirements of tlie Act or to a 
public water system that is in significant non-compliance with 
any requirement of the Act or with a variance authorized under 
tlie Act as evidenced by administrative penalty, administrative 
order or court action against the water system. A determination 
of technical, managerial, and financial capacity will be based 
upon a review of finances, compliance with a pplicable public 
health, environmental and utility laws, and the experience and 
certification level of tlie water system operator as evidenced by 
the submission of a business plan as required by Section .0400 
of this Subchapter. 

(c) A public water system in significant non-compliance with 
the Act may receive assistance if the assistance will ensure 
compliance with the Act. A public water system that does not 
have technical, managerial, and financial capacity may receive 
assistance if the owner or operator shall agree to undertake 
feasible and appropriate changes in operation of the water 
system that will ensure the system will achieve technical, 
managerial, and financial capacity over the long-term. 

(d) Each applicant shall establish a dedicated source of 
revenue or demonstrate that there is adequate security for 
repayment of the loan. 

(e) Funding will be limited to the most cost-effective 
solution for the compliance or public health problem identified 
in a proposed project. 

(f) Funding will be limited to the eligible portions of a 
project containing ineligible segments. 

(g) Funding shall not be available for federally owned public 
water systems. 

History Note: Authority G.S. 159G-5: 159G-15; 
Temporary Adoption Eff. January 31. 1998. 



.0201 AVAILABILITY OF LOANS 

(a) Loans are available only for projects that appear on the 
state approved intended use plan submitted to tlie U.S. 
Environmental Protection Agency and that are in compliance 
with the requirements of this Subchapter. 

(b) During any fiscal year 1 5 percent of the annual allocation 



.0203 ADMINISTRATIVE EXPENSES 

Agreement to a debt instrument by a loan applicant shall 
include payment of a two percent closing fee which is an 
ineligible project cost. These monies shall accrue to be used 
only for the reasonable costs of administering the Fund. 



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February 16, 1998 



1512 



TEMPORARY RULES 



History Note: Authority G.S. 159G-5: 159G-15; 
Temporary Adoption Eff. January 31. 1998. 

SECTION .0300 - ELIGIBILITY REQUIREMENTS 

.0301 DETERMINATION OF ELIGIBILITY 

(a) Eli gibility of applicants shall be determined in 
accordance with G.S. 1590-3(2) and G.S. 159G-9. 

(b) Applications shall bg returned to ineligible applicants. 

(c) An application may not be filed after the award of a 
construction contract on a project, except when m applicant is 
subject to an administrative order issued by the Division or a 
le gally enforceable deadline. 

History Note: Authority G.S. 159G-5; 159G-15; 
Temporary Adoption Eff. January 31. 1998. 

.0302 ELIGIBLE PROJECTS 

(a) Projects that will facilitate compliance with the North 
Carolina Drinking Water Act or federal Safe Drinking Water 
Act or further health protection imder the criteria of Rule .0602 
of this Subchapter shall be eligible for funding under this 
Subchapter. Eli gible projects include those that: 

(1) Rehabilitate or develop sources to replace 
contaminated sources of drinking water; 

(2) Install or upgrade treatment to meet state or federal 
re gulations; 

£3) Install or upgrade eligible storage to prevent entry of 
microbiological contamination; 

(4) liistall or replace transmission or distribution pipes to 
prevent contamination; 

(5) Consolidate or restructure water systems; or 

(6) Purchase capacity in another water system. 

(b) Types of projects which are not eligible for funding are: 

(1) Dams or rehabilitation of dams; 

(2) Water rights, except if the water rights are owned by 
a system that is being purchased through 
consolidation as part of a capacity development 
strategy; 

(3) Reservoirs, except for finished water reservoirs and 
those reservoirs that are part of treatment process and 
are located on the property where the treatment 
facility is located; 

(4) Laboratory fees for monitoring; 

(5) Operation and maintenance expenses; 

(6) Projects needed mainly for fire protection: or 

(7) Projects primarily intended to serve future growth. 

History Note: Authority G.S. 159G-5; 159G-15; 
Temporary Adoption Eff. January 31. 1998. 

.0303 ELIGIBLE PROJECT COSTS 

(a) Project construction costs eligible for a loan under this 
Subchapter are limited to: 

( 1) Planning, including system and needs assessment, the 
preparation of a local water supply plan and the 
preparation of a business plan; 



(2) Environmental assessment reports, including all 

federal cross-cutters; 
13J Design; 

(4) Construction: 

(5) Legal, fiscal, and administrative costs: 

(6) Contingency costs; and 

(7) Land acquisition integ ral to the project. 

(b) Loans may be U2 to iOO percent of allowable 
construction project costs. 

(c) Loans made for project planning purposes only are 
available for acute, immediate, and chronic health hazards as 
determined in Rule .0602 of this Subchapter. 

History Note: Authority G.S. 159G-5; 159G-15; 
Temporary Adoption Eff. January 31. 1998. 

.0304 MAXIMUM LOAN AMOUNT 

The maximum principal amount of loan commitment from 
any fiscal vear's allocation made to an applicant shall be three 
million dollars ($3.000.000). except that the maximum amount 
of loan commitment from any fiscal year's allocation for a 
project planning purposes onlv loan shall be twenty-five 
thousand dollars ($25.000). 

History Note: Authority G.S. 159G-5: 159G-15; 
Temporary' Adoption Eff. January 31. 1998. 

SECTION .0400 - APPLICATIONS 

.0401 nLEVG DEADLINES 

Applications for loans shall be postmarked or delivered to the 
Division of Environmental Health on or before September 30 
of each year in order to be approved for loan funds available 
during the following fiscal year, except February 13. 1998. for 
FY 96/97 SRF funds. 

History Note: Authority G.S. 159G-5; 159G-15; 
Temporary Adoption Eff. January 31. 1998. 

.0402 APPLICATION PROCEDURES 

(a) Applications for loans shall be submitted on forms 
provided by the Division and shall be accompanied by all 
documents such as the Preliminary Engineering Report (PER). 
assurances, and other information required by the instructions 
for completing and filing the applications. Information 
concerning any grant or loan funds from any other source for 
which the applicant has applied shall be disclosed on the 
application. 

(b) Ever\' application shall be accompanied by an adopted 
resolution or other documentation as required by G.S. 159G- 
9(4). The resolution or documentation shall be certified or 
attested to as a true and correct copy as adopted. 

(c) An applicant shall furnish additional information upon 
the request of the Division. 

(d) A project shall not receive a priority rating unless the 
application contains sufficient information on the day of rating 
for the receiving agency to review and assign priority points in 



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TEMPORARY RULES 



accordance with Section .0600 of this Subchapter. 

(e) An application may be withdrawn from consideration 
upon request of the applicant but if resubmitted shall be 
considered as a new application. 

History Note: Authority G.S. 159G-5; 159G-15: 
Temporary Adoption Eff. January 31. 1998. 

.0403 PROJECT SCHEDULE AND RESOLUTION 

Every application shall be accompanied by a project schedule 
specifying dates for milestone events including: 

jJQ business plan submittal as required by the Division: 

(2) plans and specifications submission and approval: 

(3) a rate schedule submittal: 

(4) bid opening and award: 

(5) construction start: and 

(6) project completion. 

History Note: Authority G.S. 159G-5; 159G-15; 
Temporary Adoption Eff. January' 31. 1998. 

SECTION .0500 - REVIEW AND ASSIGNMENT 
OF PRIORITIES 

.0501 PRIORITY REVIEW PERIOD 

The priority review period shall be from October 1 until June 
30 of the following vear. except that for FY 96/97 Funds it 
shall be from February 14 until September 30. 1998. 

History Note: Authority G.S. 159G-5; 159G-15; 
Temporan- Adoption Eff. January 31. 1998. 

.0502 ASSIGNMENT OF PRIORITIES 

(a) During each review period the Division will assign a 
prioritv rating to each eli gible application for inclusion in the 
state intended use plan: the priority rating shall be determined 
in accordance with the rating criteria and points contained in 
Section .0600 of this Subchapter. 

£b] The Division may exercise discretionary authority to 
establish a priority rating when two or more applications 
receive the same number of priority points. The project 
receiving the most points for public health and compliance shall 
receive the greater priority. If the public health points awarded 
the projects are equal, the project with the smaller population 
shall receive the greater priority. If points are still equal, the 
project with the greatest financial need as determined in 
accordance with Rule .0605 of this Subchapter shall receive the 
higher ranking. 

(c) Only the eligible portions of a project containing 
ineligible segments will receive a priority rating. 

(d) The Division may assign a different priority rating to 
each substantially independent part of a proposed project. 

(e) Any applications that are not awarded assistance during 
a review period will be held over and considered for a second 
review in accordance with G.S. 159G-10(d). 

History Note: Authority G.S. 159G-5; 159G-15; 



Temporan,' Adoption Eff. January 31. 1998. 

.0503 INTENDED USE PLAN 

A state intended use plan containing the priority rating of 
each eligible project will be prepared by the Division. The 
intended use plan will include a comprehensive priority list 
identifying which projects are intended to be funded in the 
current year and in fumre years . The projects that are expected 
to be funded in the current year will be so noted. The priority 
rating of eligible projects will be published and an opportunity 
for public hearing will be provided before funds are awarded. 

History Note: Authority G.S. 159G-5; 159G-15; 
Temporary Adoption Eff. January 31. 1998. 

SECTION .0600 - PRIORITY CRITERIA 

.0601 GENERAL CRITERIA 

(a) , In determining the priority to be assigned each eligible 
application the Division will consider whether the project will: 

(1) Address the most serious risk to human health. 

(2) Facilitate compliance with the N.C. Drinking Water 
Act or the federal Safe Drinking Water Act, and 

(3) Assist systems most in need on a 2£I household 
basis. 

(b) The total priority points received will be the sum of all 
points awarded for each categorical element. 

History Note: Authority G.S. 159G-5; 159G-15; 
Temporary Adoption Eff. January 31. 1998. 

.0602 PUBLIC HEALTH AND COMPLIANCE 

Public health and compliance points may be awarded to a 
project based on the following criteria. A proposed project 
shall be necessary to facilitate compliance with the N.C. 
Drinking Water Act or the federal Safe Drinking Water Act and 
to alleviate the type of public health concern for which points 
are awarded. A project will receive only points in the highest 
sub-category for which it may qualify: 

(1) Acute/Imminent Health Hazards. A maximum of 
150 points will be awarded to projects that propose 
to eliminate any one or more of the following acute, 
ongoing health hazards to the consumer: 

(a) Projects that address documented nitrate, 
nitrite or fecal coliform MCL violations, or 
contaminant levels in drinking water which 
constitute acute health risks as defined in 40 
C.F.R 141.32(a)(l)(iii) which is incorporated 
bv reference at 15A NCAC 18C .1523: or 

(b) Projects that eliminate any contaminant in the 
public water system that poses an acute risk or 
imminent hazard to public health as 
determined by the State Health Director or a 
health risk assessment from the Division of 
Epidemiologv. Department of Health and 
Human Services in accordance with G.S. 
130A-2(3). 



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1514 



TEMPORARY RULES 



(2) Immediate Health Hazards. A maximum of 100 
points will be awarded to projects that propose to 
eliminate any one or more of the following 
immediate health hazards 12 the consumer: 

(a) Projects that address surface water treatment 
technique violations occurring for two or more 
consecutive months; 

(b) Projects that resolve any microbiological MCL 
problems for a water system with three or 
more microbiological MCL violations during 
the previous 12 months: 

(c) Projects that propose filtration for a surface 
water source or for a well that is determined to 
be under the direct influence of surface water 
by the Depanment that does not currently 
have filtration: 

(d) Projects that address the inability of a public 
water system to inactivate giardia and viruses 
in accordance with 15A NCAC 18C .2001: or 

(e) Projects that address documented recurrent 
water outages or low pressure below the 
requirements of 15A NCAC 18C .0901 . Only 
problems that affect human consumption of 
drinking water will be considered for award of 
points under this criteria. 

(3) Chronic Health Hazards. A maximum of 60 points 
will be awarded to projects that propose to eliminate 
any one or more of the following chronic health 
hazards to the consumer: 

(a) Projects that address exceedances of the lead 
and copper action levels under 15A NCAC 
18C .1507: 

(b) Projects that address violations of inorganic or 
organic chemical or contaminant MCLs under 
15A NCAC 18C .1510. .1517. and .1518: 

(c) Projects that address violations of radiological 
contamination MCLs under 15A NCAC 18C 
.1520 and .1521: or 

(d) Projects that address a chronic health hazard 
as determined by the State Health Director or 
a health risk assessment from the Division of 
Epidemiology. Department of Health and 
Human Services. 

(4) Potential Health Hazards. A maximum of 40 points 
will be awarded to projects that propose to eliminate 
any one or more of following potential health hazards 
to the consumer: 

(a) Projects that address low chlorine residuals in 
the distribution system: 

(b) Projects that address periodic violations of an 
MCL: 

(c) Projects for line installation or extensions to 
areas with poor water quality or limited 
quantity: 

(d) Projects to develop new sources of water, to 
augment existing sources, or to expand 
treatment capacity to meet current demand 



when the average daily demand for the 
previous 12 months equals or exceeds the 
available water supply as calculated in local 
water supply plans prepared in accordance ^ 
with G.S. MS-SSSd) or the maximum day m 
demand for the previous 12 months equals or ^ 
exceeds the approved water treatment plant 
design capacity: or 

(e) Projects to provide disinfection for a system 
that currently does not have disinfection. 

£5} System Improvements. A maximum of 20 points 
will be awarded for projects that will provide any 
one or more of the following general system 
improvements when needed for public health 
purposes: 

(a) Projects that replace water supply production 
or treatment equipment that is undersized. 
malfunctioning or has exceeded its useful life: 

(b) Projects that replace undersized or leaking 
water lines: 

(c) Projects that address other water quality 
concerns such as iron, manganese, taste, and 
odor: 

(d) Projects to bring existing facilities to current 
design standards which affect water quality 
such as treatment, chemical storage and 
application, pumping facilities, finished 
storage, distribution systems: 

£ej Projects that eliminate dead ends and provide 

looping in a distribution system: A 

(f) Projects that increase water storage capacity: V 

(g) Projects to develop new sources of water, to 
augment existing sources, or to expand 
treatment capacity to meet current demand 
when the average daily demand for the 
previous 12 months exceeds 80 percent of the 
available water supply as calculated in local 
water supply plans prepared in accordance 
with G.S. 143-355(1) or the maximum day 
demand for the previous 1 2 months exceeds 80 
percent of the approved water treatment plant 
design capacity: or 

(h) Projects for installation or u pgrade of water 
treatment plant waste disposal facilities. 

History Note: Authority G.S. 159G-5; 159G-15; 
Temporary Adoption Eff. January 31. 1998. 

.0603 CONSOLIDATION 

A maximum of 10 points will be awarded in tliis categorical 
element for projects that propose to improve water system 
reliability by interconnecting with an existing water system, bv 
purchasing systems in whole or in part, or by purchasing water 
capacity from other systems, as follows: 

(1) Projects that propose consolidation to provide water > 
service to an existing community whose water supply f 
caimot meet the rules governing public water systems "- 



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12:16 



TEMPORARY RULES 



^ 



at 15A NCAC 18C. 10 poinis: 

(2) Projecis that propose consolidation of existing water 
systems will be awarded 5 points; 

(3) Projects where consolidation is not physically 
feasible. 5 points. 

Hision Note: Authorm G.S. 159G-5: 159G-15: 
Temporar\- Adoption Eff. January 31. 1998. 

.0604 RELIABILITY 

A maximum of 5 points will be awarded in this categorical 
element to projects that propose to increase the reliability of the 
water system; points may be awarded for both Items (1) and (2) 
of this Rule u£ to the maximum, as follows; 

(1) Projects that provide redundancy to critical treatment 
or delivery functions, such as interconnection. 3 
points; 

(2) Projects that provide emergency backup electrical 
power source. 3 points if not awarded points in Item 
(1) of this Rule. 

History Note: Authority G.S. 159G-5: 159G-15: 
Temporan,- Adoption Eff. January 31. 1998. 

.0605 AFFORDABILITY 

Pomts for affordability will be determined by comparing the 
projected monthly residential user cost at the completion of the 
project with the median household income (MHI). User cost 
shall be calculated from water rates based on a maximum of 
4.500 gallons. The median household income shall be 
determined in ^ service area of the water system. If median 
household income data is not available for the service area, data 
from the nearest comparable community area shall be used. 
The Division may use county-wide median household income 
data if data for the service area or nearest comparable 
community area are not available. Points will be awarded on 
the following scale: 

Rates = 0% to .25% MHI 

points 

Rates = 0.26% to .50% MHI 

5 points 

Rates = .51% to .75% MHI 

20 points 

Rates = .76% to 1.0% .MHI 

40 points 

Rates = 1.01% or greater MHI 

50 points. 

History Note: Authority G.S. 159G-5: 159G-15; 
Temporan,- Adoption Eff. January' 31. 1998. 

.0606 SOLTICE PROTECTION AND 
MANAGEMENT 

The maximum value to be given for source protection and 
management categorical elements \s 10 points. Points shall 
only be awarded for existing activities or programs that 
efficiently protect the public health, as follows; 



( 1) Participation in source water protection activities; 
points may be awarded in Sub-Items (a) and (b) of 
this Item up to the maximum, as follows; 

(a) Voluntary water supply watershed protection 
activities. 5 points, or 

(b) Voluntary wellhead protection program. 5 
points. 

(2) Efficient water use, as shown by the a pplicant's 
establishment and administration of the described 
pro grams; points may be awarded in Sub-Items (a), 
(b). and (c) of this Item u£ to the maximum, as 
follows; 

(a) Water loss reduction program which includes 
water audits, comprehensive metering, and 
hidden leak detection. 3 points; 

(b) Cross-connection control p ro gram. 3 points; 

(c) Demand management strategies, such as a 
water conservation incentive rate structure, 
incentives for new or replacement installation 
of low flow faucets, showerheads and to ilets. 
or a water reclamation or reuse system. 3 
points. 

History Note: Authority G.S. 159G-5; 159G-15; 
Temporary Adoption Eff. Januarx 31 . 1998. 

SECTION .0700 - AWARD, COMMITMENT 
AND DISBURSEMENT OF LOANS 

.0701 DETERMINATION OF AWARDS AND 
BYPASS PROCEDURES 

(a) All funds appropriated for a fiscal year and all other 
funds accruing from loan principal repayments, interest 
payments, interest earned on funds, excess funds not awarded 
in the previous priority review period, and any other source, 
will be available for loans during the priority review period. 

(b) Of the funds available at the beginning of a priority 
review period, five percent will be set aside for potential 
adjustments under Rule .0703 of this Section. Any funds set 
aside for this purpose that are not used to adjust loans during a 
priority review period will return to the account for the next 
priority review period. 

(c) The funds available in a priority review period will be 
awarded in descending order of priority rating considering Rule 
.0201(b) of this Subchapter except for projects that are not 
ready to proceed. A project shall be funded unless at the time 
of binding agreement; 

(1) Project plans and specifications are not approved by 
the receiving agency; 

(2) Any environmental assessment or impact statement 
required is not complete and approved; 

(3) One hundred percent funding necessary for the 
project is not committed; or 

(4) The receiving agency is unable to determine from 
review of the business plan and other information 
whether the applicant can meet capacity development 
requirements as required by the Division. 



12:16 



NORTH CAROLINA REGISTER 



February 16, 1998 



1516 



TEMPORARY RULES 



History Note: Authority G.S. 159G-5: 159G-15; 
Temporary Adoption Eff. January 31. 1998. 

.0702 CERTinCATION OF ELIGIBILITY 

(a) The receiving agency shall create a certificate of 
eligibility for each applicant for which a loan has been made. 

(b) The certificate af eli gibility shall indicate that the 
a pplicant meets Ml eli gibility criteria and that MI other 
requirements of the Act have been met. 

(c) The certificate of eligibility shall also indicate the amount 
and the fiscal year of the loan commitment. 

History Note: Authority G.S. 159G-5; 159G-15; 
Temporary Adoption Eff. January 31. 1998. 

.0703 CRITERIA FOR LOAN ADJUSTMENTS 

Upon receipt of bids, a loan commitment may be adjusted as 
follows: 

(1) The loan commitment may be decreased, provided 
the project cost as bid is less than the estimated 
project cost, and the receiving agency approves the 
loan commitment decrease: 

(2) The loan commitment may be increased a maximum 
of iQ percent by the receiving agency provided: the 
project cost as bjd is greater than the estimated 
project cost: the project as bjd is in accordance with 
the project for which the loan commitment was 
made: the receiving a gency has reviewed the bids and 
determined that substantial cost savings would not be 
available through project revisions without 
jeopardizing the integrity of the project: and adequate 
funds are available in tlie Fund. Increases greater 
than 10 percent of tlie loan commitment require 
approval by tlie Local Government Commission . 

History Note: Authority G.S. 159G-5; 159G-15; 
Temporary Adoption Eff. January 31. 1998. 

.0704 DISBURSEMENT OF LOANS 

(a) Disbursement of loan monies shall be made at intervals 
as work progresses and expenses are incurred. No 
disbursement shall be made until the receiving agency recei\'es 
satisfactory documentation of incurred costs. At no time shall 
disbursement exceed the allowable costs which have been 
incurred at that time. 

(b) No disbursement shall be made until the receiving 
agency receives documentation of compliance with the 
verifiable percentage goal for panicipation by minority 
businesses in accordance with G.S. 143-128(c) and any eligible 
federal and state laws. 

(c) The receiving agency will authorize the Controller's 
Office of the Depanment of Enviroimient and Natural 
Resources to make loan disbursements. 

Histor.' Note: Authority G.S. 159G-5; 159G-15: 
Temporary' Adoption Eff. January 31. 1998. 



.0705 TERMINATION OF LOANS 

Loan commitments may be terminated by the receiving 
agency when recipients do not meet project schedules, if they 
fail to award contracts within one year, or if they fail to comply 
with applicable federal requirements. 

History Note: Authority G.S. 159G-5; 159G-15; 
Temporary Adoption Eff. January 31. 1998. 

SECTION .0800 - LOAN REPAYMENTS 

.0801 INTEREST RATES 

The interest rate to be charg ed on loans imder this Subchapter 
will be set in each priority review period at the lesser of four 
percent per annum or one half the prevailing national market 
rate as derived from the Bond Buyer's 20-Bond Index in 
accordance with G.S. 159G-4(c). 

History Note: Authority G.S. 159G-5; 159G-15; 
Temporary Adoption Eff. January 31. 1998. 

.0802 REPAYMENT OF PRINCIPAL AND INTEREST 

(a) The debt instrument setting the terms and conditions of 
repayment of loans under this Subchapter will be established 
after the receipt of bids. Adjustments to the loan may be made 
only under Rule .0703 of this Subchapter. 

(b) The maximum maturity on any construction loan shall 
not exceed 20 years. 

(c) The maximum maturity on any project planning loan 
shall not exceed 5 years. 

(d) Interest on the debt instrument shall begin to accrue on 
the original date that a project's contracts are scheduled to be 
completed. Extensions of this deadline are not allowed. 

(e) All principal payments will be made armually on or 
before May 1 or November 1 . The first principal payment is 
due not earlier than six months after the date of completion of 
the project. 

(f) All interest payments will be made semiannually on or 
before May 1 and November 1 of each year. The first interest 
payment is due not earlier than six months after the date of 
completion of the project. 

(g) All principal and interest payments shall be made payable 
to the Fund. 

History Note: Authority G.S. 159G-5; 159G-15; 
Temporary Adoption Eff. January 31. 1998. 

SECTION .0900 - INSPECTION AND AUDIT 
OF PROJECTS 

.0901 INSPECTION 

Inspection of a project to which a loan has been cnmmitted 

may be made by the receiving agency to determine the 
percentage of completion of the project for disbursements, and 
for compliance with all applicable laws and rules. 

Histor\- Note: Authority- G.S. 159G-5; 159G-15; 



( 



1517 



NORTH CAROLINA REGISTER 



February 16, 1998 



12:16 



TEMPORARY RULES 



\ 



Temporan Adoption Elf. January 31. 1998. 

.0902 AUDIT 

All projects to which a loan has been committed will be 
audited in accordance with G.S. 159-34 and the United States 
Environmental Protection Office of Water (4606) Drinking 
Water State Revolving Fund Program Guidelines. EPA 816-R- 
97-005 February (28) 1997 which is incorporated in Rule .0103 
of this Subchapter. 

History Note: Authority G.S. 159G-5: 1590-15; 
Temporan,' Adoption Elf. January 31. 1998. 

Rule-making Agency: NC Wildlife Resources Commission 

Rule Citation: 15A NCAC lOF .0305 

Effective Date of Temporary Rule: March 1, 1998 

Proposed Effective Date of Permanent Rule: April 1, 1999 

Findings Reviewed and Approved by: Julian Mann 111 

Authority for the rule-making: G.S. 75A-3; 75A-15 

A Public Hearing will be conducted at 10:00 a.m. on March 
6, 1998 at the Archdale Building, Room 332, 512 N. Salisbury 
Street, Raleigh, NC 27603. 

Reason for Proposed Action: To correct an error of omission 
for designating placement and maintenance of markers needed 
to regulate boat speed in congested areas. Notice of 
Rulemaking Proceedings was published in the Register on 
November 14, 1997. 

Comment Procedures: The North Carolina Wildlife Resources 
Commission has the authority to adopt temporary rules 
pursuant to S.L. 1997-0403. Interested persons may present 
their views either orally or in writing at the March 6, 1998 
public hearing. In addition, the record of hearing will be open 
for receipt of written comments from February 16. 1998 to 
March 18, 1998. Such written comments must be delivered or 
mailed to the NC Wildlife Resources Commission, 512 N. 
Salisbury Street, Raleigh, NC 27604-1188. 

CHAPTER 10 - WILDLIFE RESOURCES 
AND WATER SAFETY 

SUBCHAPTER lOF - MOTORBOATS AND 
WATER SAFETY 

SECTION .0300 - LOCAL WATER 
SAFETY REGULATIONS 

.0305 BRUNSWICK COUNTY 



(a) Regulated Areas. This Rule applies to the waters and 
portions of waters described as follows: 

(1) Lockwoods Folly River. An area on that portion of 
the Lockwood Folly River begiiming 1 500 feet north 
of the boat ramp at the end of State Road 1 123 and 
extending downstream to a point 800 feet south of 
said boat ramp and the portion of Mill Creek 
beginning at its intersection with the Lockwood 
Folly River and extending upstream for 100 feet. 

(2) Calabash River. An area located on the Calabash 
River beginning 100 feet west of the Billy Cox 
Landing and extending 100 feet east of Captain 
Harry's Landing. 

(3) State Port Authority Small Boat Harbor. Begiiming 
at the Intracoastal Waterway on the easterly side of 
the North Carolina State Port Authority Small Boat 
Harbor; thence runs along and with the easterly 
boundary of the said boat harbor basin and along the 
northerly boimdary and westerly boundary thereof to 
a point at the intersection of the westerly boundary of 
said boat harbor with the highwater mark of the 
Intracoastal Waterway; runs thence in an easterly 
direction with the highwater mark of the Intracoastal 
Waterway to the place and point of beginning, and 
being the entire small boat harbor in Southport. 

(4) Shallotte River. The portion of the Shallotte River 
begiiming at its intersection with the Intracoastal 
Waterway and extending from the northern boundary 
of the Intracoastal Waterway for a distance of 500 
feet to the north, to be marked by appropriate 
markers. 

(5) Big Davis Creek. That part of Big Davis Creek 
within 100 yards of Sportsman Inn at Blue Water 
Point Marina near Long Beach. 

(6) Town of Ocean Isle Beach. Those waters in the 
canals, both natural and concrete, which are located 
on the south side of the Intracoastal Waterway in the 
Town of Ocean Isle Beach. 

(7) Town Creek. The 200 yard portion of Town Creek 
lying in Town Creek Colony as delineated by no 
wake zone markers. 

(b) Speed Limit. No person shall operate any motorboat or 
vessel at greater than no-wake speed within any of the regulated 
areas described in Paragraph (a) of this Rule. 

(c) Placement and Maintenance of Markers. Subject to the 
approval of the United States Coast Guard and the United States 
Army Corps of Engineers, the following agencies are 
designated suitable agencies for the placement and maintenance 
of markers implementing this Rule: 

(1) The Board of Aldermen of Vamamtown as to areas 
indicated in Paragraph (a). Subparagraph (1) of this 
Rule. 

(2) The Board of Commissioners of Brunswick County 
as to areas indicated in Paragraph (a), Subparagraphs 
(21 1 (2) (2) - (6) of this Rule. 

Histor\' Note: Authority G.S. 75A-3: 75A-15; 



12:16 



NORTH CAROLINA REGISTER 



February 16, 1998 



1518 



TEMPORARY RULES 



Eff. Februarys 1. 1976; 

Amended Eff. April I, 1997; July 1, 1994; July 1, 1993; 

January 1, 1989; January 1, 1987; 

Temporary' Amendment Eff. March L. 1998. 

Rule-making Agency: NC Wildlife Resources Commission 

Rule Citation: ISA NCAC lOF .0330. .0339 

Effective Date: February 1, 1998 

Findings Reviewed and Approved by: Julian Mann III 

Authority for the rule-making: G.S. 75A-3; 75A-15 

Reason for Proposed Action: 

ISA NCAC lOF .0330 - To correct an error of omission for 

designating placement and maintenance of markers needed to 

regulate boat speed in congested areas. 

ISA NCAC lOF .0339 - McDowell County Board of 

Commissioners initiated the no-wake zone pursuant to G. S. 

75A-15, to protect public safety in the area by restricting vessel 

speed. 

Comment Procedures: The North Carolina Wildlife Resources 
Commission has the authority to adopt temporary rules 
pursuant to S.L. 1997-0403. These temporary rules are 
adopted following the public hearing and public comment 
period established for permanent rule adoption. A public 
hearing was held on December 18, 1997 for the permanent 
rules and the record of hearing for public comment was closed 
on December 31 , 1997. The submissions for permanent nde 
are onfde with the Rules Review Commission. 

SECTION .0300 - LOCAL WATER 
SAFETY REGULATIONS 

.0330 CARTERET COUNTY 

(a) Regulated Areas. This Rule applies to the following 
waters in Carteret County; 

(1) the waters of Money Island Slough beginning at the 
east end of Money Island near the Anchorage Marina 
Basin and ending at the west end of Money Island 
where Brooks Avenue deadends at the slough; 

(2) the waters of Taylor Creek located within the 
territorial limits of the Town of Beaufort; 

(3) the waters of Pelletier Creek beginning at the 
entrance to Pelletier Creek at the Intracoastal 
Waterway and ending at U.S. Highway 70; 

(4) the waters of Bogue Sound in Morehead City 
between Sugar Loaf Island and the seawall on the 
south side of Evans, Shepard and Shackleford Streets 
and bounded on the east by the State Ports Authority 
and on the west by the eastern right-of-way margin 
of South 13th Street extended; 



(5) the waters of Gallant's Chaimel from the US 70 
crossing over the Grayden Paul bridge to Taylor's 
Creek; 

(6) the waters of Cedar Island Bay and Harbor from 
U.S. 70 to Cedar Island Bay Channel Light 8; 

(7) the waters of Radio Island Creek; 

(8) the waters of the Newport River beginning at the 
north side of the Beaufort Drawbridge and ending at 
marker #6; 

(9) the waters of Spooners Creek beginning 100 feet 
south of the bulkhead area in the entrance to 
Spooners Creek and extending approximately 500 
feet up Spooners Creek to a point on the north side 
of the first fork to the east as indicated by the 
appropriate markers; 

(10) the waters of Taylor's Creek from the eastern end of 
the current no wake zone eastward to Channel 
Marker #1A. 

(b) Speed Limit. It is unlawful to operate a motorboat or 
vessel at a speed greater than no-wake speed while on the 
waters of the regulated areas designated in Paragraph (a) of this 
Rule. 

(c) Placement and Maintenance of Markers. The Board of 
Commissioners of Carteret County, with respect to the 
regulated areas designated in Subparagraphs (1), (3), (5), (6), 
(7), (8) tSL 121 and (10) of Paragraph (a) of this Rule, and the 
Board of Commissioners of the Town of Beaufort, with respect 
to the regulated area designated in Subparagraph (2) of 
Paragraph (a) of this Rule, and the Board of Commissioners of 
Morehead City, with respect to Subparagraph (4) of Paragraph 
(a) of this Rule, are designated as suitable agencies for 
placement and maintenance of the markers implementing this 
Rule, subject to the approval of the United States Coast Guard 
and the United States Army Corps of Engineers. 

History Note: Authority G.S. 75A-3; 75A-15; 

Eff. March 4, 1979; 

Amended Eff. October 1. 1997; May 1, 1995; June 1, 1994; 

February 1, 1994; July 1, 1993; 

Temporary Amendment Eff. February 1. 1998. 

.0339 MCDOWELL COUTSfTY 

(a) Regulated Areas. This Rule applies to the following 

waters located on Lake James in McDowell County: 

(1) that area adjacent to the shoreline of the McDowell 
Wildlife Club property; 

(2) that area adjacent to the shoreline of the Marion 
Moose Club property; 

(3) that area known as Morgan Cove; 

(4) that area within 50 yards of the shoreline at the New 
Manna Baptist Youth Camp; 

(5) that area within 50 yards of the shoreline at Burnett's 
Landing; 

(6) the cove area adjacent to the State Park swimming 
area; 

(7) the cove area adjacent to the State Park picnic area 
and dock; 



1519 



NORTH CAROLINA REGISTER 



February 16, 1998 



12:16 



TEMPORARY RULES 



i 



(8) that area within 50 yards of camping areas in the 
Lake James State Park as designated by the 
appropriate markers; 

(9) that area within 50 yards of the boat launching ramp 
at the Marion Lake Club; 

(10) that area within 50 yards in either direction from the 
marina docks in Plantation Point Cove; 

(11) that designated area of Goodman's Landing Cove 
within 50 yards of the swimming area and boat docks 
of Goodman's Campground; 

(12) that area beginning at the rock shoals located at 
Deerfield Campground downstream for a distance of 
approximately 200 yards as delineated by appropriate 
markers; 

(13) that area as delineated by appropriate markers along 
the no rt h shoreline of the development known as 
Lakeview Pointe. 

(b) Speed Limit. No person shall operate any motorboat or 
vessel at greater than no-wake speed within any of the regulated 
areas described in Paragraph (a) of this Rule. 

(c) Restricted Swimming Areas. No person operating or 
responsible for the operation of any vessel, surfboard or 
waterskis shall permit the same to enter any marked swimming 
area located on the regulated area. 

(d) Placement and Maintenance of Markers. The Board of 
Commissioners of McDowell County is designated a suitable 
agency for placement and maintenance of the markers 
implementing this Rule. 

History Note: Authority G.S. 75A-3; 75A-15: 

Eff. August 23, 1981: 

Amended Eff. February 1, 1996; December 1, 1993: March 1, 

1992: April!. 1991: 

Temporan; Amendment Eff. February 1_^ 1998. 



► 



12:16 NORTH CAROLINA REGISTER February 16, 1998 1520 



APPROVED RULES 



Tliis Section includes the Register Notice citation to Rules approved by the Rules Review Commission (RRC) at its meeting 
of November 20. 1997 pursuant to G.S. 150B-2 1.1 7(a)(1) and reported to the Joint Legislative Administrative Procedure 
Oversight Committee pursuant to G.S. 150B-21.16. The full text of rules are published below when the rules have been 
approved by RRC in a form different from that originally noticed in the Register or when no notice was required to be 
published in the Register. The rules published in full text are identified by an * in the listing of approved rules. Statutory- 
Reference: G.S. 150B-21.17. 



f 



These ndes unless otherwise noted, will become effective on the 31st legislative day of the 1998 Short Session of the General 
Assembly or a later date if specified by the agency unless a bill is introduced before the 31st legislative day that specifically 
disapproves the rule. If a bill to disapprove a rule is not ratified, the rule will become effective either on the day the bill 
receives an unfavorable final action or the don- the General Assembly adjourns. Statutory reference: G.S. 150B-21.3. 



APPROVED RULE CITATION 



REGISTER CITATION TO THE 
NOTICE OF TEXT 



4 


NCAC 


19L 


.0403* 




4 


NCAC 


19L 


.0407 




4 


NCAC 


19L 


.0501 - .0502* 




4 


NCAC 


19L 


.0706* 




4 


NCAC 


19L 


.0802 




4 


NCAC 


19L 


.0901* 




4 


NCAC 


19L 


.0906* 




4 


NCAC 


19L 


.0907 




4 


NCAC 


19L 


.1002* 




4 


NCAC 


19L 


.1004* 




4 


NCAC 


19L 


.1301 - .1302* 




4 


NCAC 


19L 


.1701 - .1702* 




4 


NCAC 


19L 


.1801 - .1803* 




10 


NCAC 


03D 


.2001* 




10 


NCAC 


03D 


.2101 - .2102* 




10 


NCAC 


03 D 


.2105- .2106* 




10 


NCAC 


03 D 


.2201* 




10 


NCAC 


03D 


.2303* 




10 


NCAC 


03R 


.3002 




10 


NCAC 


03R 


.3051 - .3054 




10 


NCAC 


03R 


.3055* 




10 


NCAC 


03R 


.3056 - .3059 




10 


NCAC 


03R 


.3060* 




10 


NCAC 


03R 


.3061 




10 


NCAC 


03R 


.3063 




10 


NCAC 


03R 


.3065 




10 


NCAC 


03R 


.3067 - .3072 




10 


NCAC 


03R 


.3075 - .3078 




10 


NCAC 


03R 


.3079* 




10 


NCAC 


03R 


.3080 




10 


NCAC 


03R 


.3082 - .3088 




13 


NCAC 


07A 


.0302* 




13 


NCAC 


07A 


.0708* 




13 


NCAC 


07F 


.0101* 




13 


NCAC 


07F 


.0102 




13 


NCAC 


07 F 


.0201* 




13 


NCAC 


07F 


.0301* 




13 


NCAC 


07F 


.0426 




13 


NCAC 


07F 


.0501 - .0502* 




15A 


NCAC 


07H 


.0406* Amended Eff. 


12-1-97 


15A 


NCAC 


07M 


.0301* 





11 


14 NCR 1113 


11 


14 NCR 1113 


11 


14 NCR 1113 


11 


14 NCR 1113 


11 


14 NCR 1113 


11 


14 NCR 1113 


11 


14 NCR 1113 


11 


14 NCR 1113 


11 


14 NCR 1113 


11 


14 NCR 1113 


11 


14 NCR 1113 


11 


14 NCR 1113 


11 


14 NCR 1113 


11 


29 NCR 2189 


11 


29 NCR 2190 


11 


29 NCR 2201 


11 


29 NCR 2203 


11 


29 NCR 2204 


12 


04 NCR 246 


12 


04 NCR 246 


12 


04 NCR 254 


12 


04 NCR 256 


12 


04 NCR 258 


12 


04 NCR 258 


12 


04 NCR 258 


12 


04 NCR 258 


12 


04 NCR 259 


12 


04 NCR 261 


12 


04 NCR 265 


12 


04 NCR 265 


12 


04 NCR 266 


12 


03 NCR 171 


12 


03 NCR 172 


12 


03 & 12:05 NCR 172 & 354 


12 


03 NCR 205 


12 


02 & 12:03 NCR 60 & 171 


12 


03 NCR 206 


12 


03 NCR 207 


12 


03 NCR 207 


not required. G.S. 150B-21.5(a2) 


11 


11 NCR 925 



i 



i 



1521 



NORTH CAROLINA REGISTER 



February 16, 1998 



12:16 



APPROVED RULES 



15A 


NCAC 


07M 


15A 


NCAC 


07M 


15A 


NCAC 


07M 


15A 


NCAC 


07M 


15A 


NCAC 


07M 


15A 


NCAC 


08F 


15A 


NCAC 


08F 


15A 


NCAC 


08F 


15A 


NCAC 


ISA 


15A 


NCAC 


18A 


17 


NCAC 


04B 


17 


NCAC 


04B 


17 


NCAC 


04B 


17 


NCAC 


048 


17 


NCAC 


048 


17 


NCAC 


048 


17 


NCAC 


048 


17 


NCAC 


048 


17 


NCAC 


048 


17 


NCAC 


048 


17 


NCAC 


048 


17 


NCAC 


048 


17 


NCAC 


048 


17 


NCAC 


048 


17 


NCAC 


048 


17 


NCAC 


048 


17 


NCAC 


048 


17 


NCAC 


048 


17 


NCAC 


048 


17 


NCAC 


048 


17 


NCAC 


048 


17 


NCAC 


048 


17 


NCAC 


048 


17 


NCAC 


048 


17 


NCAC 


048 


17 


NCAC 


048 


17 


NCAC 


048 


17 


NCAC 


048 


17 


NCAC 


048 


17 


NCAC 


048 


17 


NCAC 


048 


17 


NCAC 


048 


17 


NCAC 


048 


17 


NCAC 


048 


17 


NCAC 


048 


17 


NCAC 


058 


17 


NCAC 


058 


17 


NCAC 


05C 


17 


NCAC 


078 


17 


NCAC 


078 


17 


NCAC 


078 


17 


NCAC 


078 


17 


NCAC 


078 


17 


NCAC 


078 


17 


NCAC 


078 


17 


NCAC 


078 


21 


NCAC 


048 



.0302 

.0304 - .0305 

.0306* 

.0307 - .0308 

.0309* 

.0102* 

.0201* 

.0403* 

.1938* 

.1958* 

.0109*Repealed Eff. 12-1-97 

.0203*Repealed Eff. 12-1-97 

.0308 - .0309* Amended Eff. 12-1-97 

.0615* 

.0901 - .0902*Repealed Eff. 12/01/97 

.1302*RepealedEff. 12/01/97 

.1305 - .1306*Repealed Eff. 12/01/97 

.1401 - .1407*Repealed Eff. 12/01/97 

.1601 - .1602*Repealed Eff. 12/01/97 

.1703 - .1706*Repealed Eff. 12/01/97 

.1709*RepealedEff. 12/01/97 

.1803 - .1810*Repealed Eff. 12/01/97 

.2002*Repealed Eff. 12/01/97 

.2113 - .2114*Repealed Eff. 12/01/97 

.2116 - .2117*Repealed Eff. 12/01/97 

.2209*Repealed Eff. 12/01/97 

.2302 - .2303*Repealed Eff. 12/01/97 

.2401 - .2402*Repealed Eff. 12/01/97 

.3001 - .3002*Repealed Eff. 12/01/97 

.3004*Repealed Eff. 12/01/97 

.3006*Repealed Eff. 12/01/97 

.3101 - .3102*Repealed Eff. 12/01/97 

.3401 - .3404*Repealed Eff. 12/01/97 

.3406 - .3414*Repealed Eff. 12/01/97 

.3501 - .3502*Repealed Eff. 12/01/97 

.3601 - .3602*Repealed Eff. 12/01/97 

.3702*Repealed Eff. 12/01/97 

.3704*Repealed Eff. 12/01/97 

.3902*Repealed Eff. 12/01/97 

.4001*RepealedEff. 12/01/97 

.4003 - .4005*Repealed Eff. 12/01/97 

.4007 - .4014*Repealed Eff. 12/01/97 

.4101 - .4102*Repealed Eff. 12/01/97 

.4301* Amended Eff. 12/01/97 

.4501 - .4521*Repealed Eff. 12/01/97 

.0403*Repealed Eff. 12/01/97 

.0503*Repealed Eff. 12/01/97 

.1801 - .1806*RepealedEff. 12/01/97 

.0117*AmendedEff. 12/01/97 

.0123* 

.0404* 

.1123* 

.1703* 

.2101* 

.4003* 

.4009* 

.0202* 



11:11 NCR 926 
11:11 NCR 929 
11:11 NCR 930 
11:11 NCR 930 
11:11 NCR 931 
11:28 NCR 2124 
11:28 NCR 2125 
11:28 NCR 2127 
12:02 NCR 64 
12:02 NCR 66 
not required, G.S. 1508-21 
not required, G.S. 1508-21 
not required, G.S. 1508-21 
not required, G.S. 1508-1 
not required, G.S. 1508-21 
not required, G.S. 1508-21 
not required, G.S. 1508-21 
not required, G.S. 1508-21 
not required, G.S. 1508-21 
not required, G.S. 1508-21 
not required, G.S. 1508-21 
not required, G.S. 1508-21 
not required, G.S. 1508-21 
not required, G.S. 1508-21 
not required, G.S. 1508-21 
not required, G.S. 1508-21 
not required, G.S. 1508-21 
not required, G.S. 1508-21 
not required, G.S. 1508-21 
not required, G.S. 1508-21 
not required, G.S. 1508-21 
not required, G.S. 1508-21 
not required, G.S. 1508-21 
not required, G.S. 1508-21 
not required, G.S. 1508-21 
not required, G.S. 1508-21 
not required, G.S. 1508-21 
not required, G.S. 1508-21 
not required, G.S. 1508-21 
not required, G.S. 1508-21 
not required, G.S. 1508-21 
not required, G.S. 1508-21 
not required, G.S. 1508-21 
not required, G.S. 1508-21 
not required, G.S. 1508-21 
not required, G.S. 1508-21 
not required, G.S. 1508-21, 
not required, G.S. 1508-21 
not required, G.S. 1508-21, 
not required, G.S. 1508-1 
not required, G.S. 1508-1 
not required, G.S. 1508-1 
not required, G.S. 1508-1 
not required, G.S. 1508-1 
not required, G.S. 1508-1 
not required, G.S. 1508-1 
11:28 NCR 2129 



5(b) 




5(b) 




5(a) 




5(b) 




5(b) 




5(b) 




5(b) 




5(b) 




5(b) 




5(b) 




5(b) 




5(b) 




5(b) 




5(b) 




5(b) 




5(b) 




5(b) 




5(b) 




5(b) 




5(b) 




5(b) 




5(b) 




5(b) 




5(b) 




5(b) 




5(b) 




5(b) 




5(b) 




5(b) 




5(b) 




5(b) 




5(b) 




5(a) 




5(b) 




5(b) 




5(b) 




5(b) 




5(a) 


3) 



12:16 



NORTH CAROLINA REGISTER 



February 16, 1998 



1522 



APPROVED RULES 



21 NCAC 161 .0002^ 

21 NCAC 16R .000 P 



11:25 NCR 1916 
11:25 NCR 1916 



TITLE 4 - DEPARTMENT OF COMMERCE 

CHAPTER 19 - DIVISION OF COMMUNITY 
ASSISTANCE 

SUBCHAPTER 19L - NORTH CAROLINA 

COMMUNITY DEVELOPMENT BLOCK 

GRANT PROGRAM 

SECTION .0400 - DISTRIBUTION OF FUNDS 

.0403 SIZE AND USE OF GRANTS MADE TO 
RECIPIENTS 

(a) There is no minimum grant amount which applicants may 
request or be awarded. Grant awards made to any one recipient 
shall not exceed the following amount in each grant category: 
Community Revitalization: Concentrated Needs subcategory - 
seven himdred fifty thousand dollars ($750,000), Infrastructure 
subcategory - eight hundred fifty thousand dollars ($850,000) 
Infrastrucmre subcategory - eight himdred fifty thousand dollars 
($850,000), and Scattered Site subcategory - four hundred 
thousand dollars ($400,000) Housing Development - two 
hundred fifty thousand dollars ($250,000); Urgent Needs - six 
hundred thousand dollars ($600,000); Contingency - six 
hundred thousand dollars ($600,000); Community 
Empowerment implementation grant - seven hundred fifty 
thousand dollars ($750,000). Applicants shall not have a 
project or combination of projects under active consideration 
for funding which exceeds one million two hundred fifty 
thousand dollars ($1,250,000), except for Urgent Needs 
projects and one demonstration project. Applicants in the 
Community Revitalization category shall choose to apply for 
either a concentrated needs award, or an infrastructure award, 
or a scattered site award, but no more than one from the same 
HUD allocation. 

(b) No local government may receive more than a total of 
one million two hundred fifty thousand dollars ($1 ,250,000) in 
CDBG funds in the period that the state distributes its annual 
HUD allocation of CDBG funds; except that local governments 
may also receive up to six hundred thousand dollars ($600,000) 
for a project that addresses Urgent Needs and funds for one 
demonstration project in addition to other grants awarded 
during the same time period. 

(c) Commimiry Revitalization basic category applicants may 
spend a portion of their total grant amount to finance local 
option activities. Up to 15 percent may be spent on eligible 
activities which do not need to be directly related to proposed 
projects except in the infrastrucmre subcategory. Alternatively, 
up to 25 percent may be spent on eligible activities that 
contribute to comprehensive development of the main project 
area in a Concentrated Needs grant. Job creation activities are 
not eligible local option activities unless they are part of the 25 
percent alternative. Local option activities will not be 



competitively rated by the Division, but may be limited to 
specific eligible activities. Each local option project must show 
that: 

(1) At least fifty-one percent of the CDBG funds 
proposed for each activity will benefit low- and 
moderate-income persons, except that CDBG funds 
may be used for acquisition, disposition, or clearance 
of vacant units to address the national objective of 
prevention or elimination of slums or blight; and 

(2) CDBG funds proposed for each activity will address 
the national objective of benefiting low- and 
moderate-income persons, or aid in the prevention or 
elimination of slums or blight. 

(d) The Division may review grant requests to determine the 
reasonableness and appropriateness of all proposed 
administrative and planning costs. Notwithstanding Rule .0910 
of this Subchapter, grantees may not increase their approved 
plaiming and administrative budgets without prior Division 
approval. In no case, may applicants budget and expend more 
than 18 percent of the sum of funds requested and program 
income for administrative and planning activities for each 
project, except that demonstration funds may be awarded for 
projects limited to planning activities only in which case all 
funds will be spent for planning and administration. 

(e) Applicants may spend CDBG funds in those areas in 
which the applicant has the legal authority to undertake project 
activities. 

(f) Grants to specific recipients will be provided in amounts 
commensurate with the size of the applicant's program. In 
determining appropriate grant amounts for each applicant, the 
Division may consider an applicant's need, proposed activities, 
all proposed administrative and planning costs, and ability to 
carry out the proposed activities. 

Hisiory Note: Authority G.S. 143B-10; 143B-431; 24 C.F.R. 

570.483; 42 U.S.C. 5301; 

Ejf. July 1. 1982; 

Amended Ejf. August L 1998; February 1. 1996; March 1, 

1995; June 1, 1994; June 1. 1993; Junel, 1992. 



SECTION .0500 



COMMUNITY REVITALIZATION 
PROJECTS 



.0501 DESCRIPTION 

(a) The Community Revitalization category includes 
activities in which a majority of funds is directed towards 
improving, preserving or developing residential areas. All 
eligible CDBG activities may be undertaken for the purpose of 
community revitalization. 

Applications for funding may involve single or multiple 
activities, addressing one or more needs in the area except for 
infrastructure and scattered site subcategories which addresses 
one need. 



1523 



NORTH CAROLINA REGISTER 



February 16, 1998 



12:16 



APPROVED RULES 



All community revitalization activities, except for scattered 
site activities, must be carried out within defined project areas. 

Community Revitalization funds shall be distributed to 
eligible units of local government on a competitive basis. 
Community Revitalization projects shall be evaluated against 
other Community Revitalization project proposals. 

(b) The Community Revitalization category includes a 
subcategory for scattered site housing activities which are 
directed towards one hundred per cent low and moderate 
income benefit or the prevention or elimination of slums or 
blight. Scattered site projects are limited to housing 
rehabilitation, acquisition, disposition, clearance, and 
relocation activities. 

Scattered site activities may be carried out in any location 
throughout the applicant's jurisdiction and need not be carried 
out in an area of concentrated need. 

Up to 5 percent of the total project cost may be contributed 
from local or non-local funds in scattered site housing 
rehabilitation projects. 

Scattered site funds shall be distributed to eligible units of 
local government on a competitive basis, and projects shall be 
evaluated against other scattered site project proposals. 

(c) The Community Revitalization category includes a 
subcategory for public infrastructure projects within a definable 
project area. Projects will be evaluated against other 
infrastructure project proposals. 



must benefit 100 percent low and moderate income 
persons; and 
(2) CDBG funds proposed for acquisition, clearance, and 
disposition of vacant units will address the national 
objective of preventing or eliminating slums or 
blight, 
(c) Applicants shall have the capacity to administer a CDBG 
program. The Division may examine the following areas to 
determine capacity: 

(1) audit and monitoring findings on previously funded 
Community Development Block Grant programs, and 
the applicant's fiscal accountability as demonstrated 
in other state or federal programs or local 
government financial reports; and 

(2) the rate of expendimre of funds and accomplishments 
in previously funded CDBG programs. Applicants 
that show a lack of capacity will not be rated or 
funded. 

History Note: Authority G.S. 143B-10; 143B-431; 42 

U.S.C.A. 5301: 24 C.F.R. 570.483: 

Eff. July 1, 1982: 

Amended Eff. August L 1998: March 1, 1995: June 1, 1994; 

June 1. 1993: September 1, 1990. 

SECTION .0700 - DEMONSTRATION PROJECTS 



History Note: Authority G.S. 143B-10: 143B-431: 42 

U.S.C.A. 5301; 24 C.F.R. 570.483; 

Eff. July 1. 1982: 

Amended Eff. Aug ust L 1998: March 1, 1995; June 1, 1994; 

June 1, 1993; October 1, 1990. 

.0502 ELIGIBILITY REQUIREMENTS 

(a) Applications for concentrated needs subcategory funds 
must show that: 

(1) At least 51 percent of the CDBG funds proposed for 
each project will benefit low- and moderate-income 
persons, except that CDBG funds proposed for local 
option activities may be used for acquisition, 
disposition, or clearance of vacant units to address 
the national objective of prevention or elimination of 
slums or blight; and 

(2) CDBG funds proposed for each activity will meet a 
national objective as specified in HUD regulations 
previously incorporated by reference, except that 
funds shall not be used to meet the national objective 
of urgent need which is covered by Rule .0801 of 
this Subchapter. 

Applications that do not meet these eligibility requirements 
shall not be rated or funded. In designing projects which meet 
these requirements, applicants must ensure that activities do not 
benefit moderate-income persons to the exclusion of 
low-income persons. 

(b) Applicants for scattered site subcategory funds must 
show that: 

(1) Rehabilitation activities of occupied and vacant units 



.0706 DEFINITION 

Demonstration grants are provided to assist local 
governments to develop innovative strategies for addressing 
specific community development needs and priorities. 



History Note: Authority G.S. 143-323; 
U.S.C.A. 5301; 24 C.F.R. 570.489; 
Eff Aug ust 1. 1998. 



143B-10; 42 



SECTION .0900 - GRANT ADMINISTRATION 

.0901 GRANT AGREEMENT 

(a) Upon approval of the application by the Division, a 
written grant agreement shall be executed between the recipient 
and the Division. These Rules, the approved application, and 
any subsequent amendments to the approved application shall 
become a part of the grant agreement. 

(b) The grant agreement in its original form and all 
modifications thereto shall be kept on file in the office of the 
recipient in accordance with Rule .0911 of this Section. 

(c) The Division may condition the grant agreement until the 
recipient demonstrates compliance with all applicable laws and 
regulations. In the case of Housing Development and 
Community Empowerment projects the grant agreement may be 
conditioned until legally binding commitments have been 
obtained from all participating entities. 

(d) Neither CDBG nor non-CDBG funds involved in a 
project may be obligated, nor may any conditioned project 
activities begin until the Division releases in writing any and all 
applicable conditions on the project. Recipients may incur 



12:16 



NORTH CAROLINA REGISTER 



February 16, 1998 



1524 



APPROVED RULES 



costs prior to release of conditions with prior Division approval 
in accordance with Rule .0908 of this Section. 

Hision- Note: Amhorin G.S. 143B-10: 1 438-431: 24 C.F.R. 

570.483; 

Eff. Jiih 1, 1982; 

Amended Eff. August L 1998: June 1, 1994; June 1. 1993: 

September 1. 1990: May 1, 1998. 

.0906 nN.\NCIAL MANAGEMENT SYSTEMS 

Recipient financial management systems shall provide for 
accurate, current and complete disclosure of the financial 
results of each grant program in accordance with fiscal control 
and reponing requirements set forth in G.S. 159, Article III, 
the Local Government Budget and Fiscal Control Act. 
Recipients shall meet the following requirements: 

(1) All grant funds shall be expended in accordance 
with a budget ordinance or project ordinance adopted 
under G.S. 159-8 and G.S. 159-13.2 respectively; 

(2) A recipient may deposit or invest all or part of the 
cash balance of any grant fund; however, all interest 
earned shall be returned to the Department in 
accordance with Rule .0907(c) of this Section; 

(3) Investment deposits shall be secured as provided in 
G.S. 159-31(b): 

(4) The recipient shall designate as its official 
depositories one or more banks or trust companies in 
the State in accordance with G.S. 159-3 1(a); 

(5) All budgetary accounting for appropriations of grant 
ftmds shall be in accordance with the procedures for 
incurring obligations and disbursements as set forth 
in G.S. 159-28; 

(6) Each recipient shall establish an accounting system in 
accordance with G.S. 159-26; 

(7) The recipient's finance officer, and each officer, 
employee, or agent who handles or has in his custody 
more than one hundred dollars (SIOO.OO) of grant 
funds at any time, or who handles or has access to 
the recipient's inventories, shall be bonded in 
accordance with G.S. 159-29; 

(8) Each recipient shall maintain records that identify 
adequately the source and application of funds for 
grant-supported activities. These records shall 
contain information pertaining to federal awards and 
authorizations, obligations, unobligated balances, 
assets, liabilities, outlays, and income; 

(9) A system for procedures for procurement and 
property management shall be provided in 
accordance with Rule .0908 and Rule .0909 of this 
Section; 

(10) All cash receipts must be deposited with, or to the 
credit of, the finance officer. This includes program 
revenues, reimbursements of travel, vendor payments 
or other items previously recorded as expenditures, 
and all other grant monies from the Department; 

(11) Recipients must develop a systematic method to 
assure timel\- and appropriate resolution of audit 



findings and recommendations; 

(12) Recipients shall require subgrantees to adopt the 
standards set forth in this Rule; 

(13) Recipients shall comply with the Office of A 
Management and Budget Circular A-87, entitled Cost W 
Principles for State and Local government, which is 
incorporated in these Rules by reference including 
subsequent amendments and editions. A copy of this 
circular is available from the Division of Commimity 
Assistance, Raleigh, North Carolina. In applying 
0MB A-87 the term "federal agency" shall mean the 
Department; 

(14) Recipients shall record the receipt and expenditure of 
project revenues from taxes, special assessments, 
evies, fmes, etc., in accordance with generally 
accepted accounting principles; 

(15) Subrecipients shall comply with the Office of 
Management and Budget Circular A-lIO, entitled 
Uniform Adininistrative Requirements for Grants and 
other Agreements with Institutions of Higher 
Education, Hospitals, and other Nonprofit 
Organizations which is incorporated in these Rules 
by reference including subsequent amendments and 
editions. A copy of this circular is available from 
the Division of Community Assistance, Raleigh, 
North Carolina. 

History- Note: Authority G.S. 14-234; 143B-10; 143B-431; 24 
C.F.R. 570.489: 24 C.F.R. 570.496; 42 U.S.C.A. 
5304(b). (d), (e); M 

Eff. July 1, 1982: \ 

Amended Eff. August L 1998; June 1, 1994; June 1. 1993; 
September 1, 1991; September 1, 1990. 

SECTION .1000 - COMPLIANCE REQUIREMENTS 

.1002 CITIZEN PARTICIPATION 

(a) Each applicant and recipient shall provide citizens with 
an adequate opportunity for meaningful involvement on a 
continuing basis and for participation in the planning, 
implementation and assessment of the program. Each applicant 
and recipient shall provide adequate information to citizens, 
hold public hearings, provide for timely responses to citizens' 
complaints, and certify' that it is following a detailed Citizen 
Participation Plan as in (b) through (h) of this Rule. All public 
hearings shall be held by the governing board of the applicant 
or recipient. 

(b) Citizen participation in the application process. 
(1) Each applicant for CDBG funds shall: 

(A) Solicit and respond in a timely maimer to 
views and proposals of citizens, particularly 
low- and moderate-income persons, members 
of minority groups, and residents of blighted 
areas where activities are proposed. 
Applicants shall respond in writing to written A 
citizen comments. Responses shall be made " 
within ten calendar days of receipt of the 



1525 



NORTH CAROLINA REGISTER 



February 16, 1998 



12:16 



APPROVED RULES 



► 



citizen comment. 

(B) Provide technical assistance to facilitate citizen 
participation, where requested. The technical 
assistance shall be provided to groups 
representative of persons of low- and 
moderate-income that request such assistance 
in developing proposals. The level and type 
shall be determined by the applicant. 

(C) Provide adequate notices of public hearings in 
a timely manner to all citizens and in such a 
way as to make them understandable to 
non-English speaking persons. Hearings must 
be held at times and locations convenient to 
potential or actual beneficiaries and with 
accommodations for the handicapped. A 
notice of the public hearing shall be published 
at least once in the nonlegal section of a 
newspaper having general circulation in the 
area. The notice shall be published not less 
than ten days nor more than 25 days before the 
date fixed for the hearing. The notice of 
public hearing to obtain citizens' views after 
the application has been prepared, but prior to 
the submission of the application to the 
Division, shall contain a description of the 
proposed project(s) including the proposed 
project location, activities to be carried out, 
and the total costs of activities. 

(D) Schedule hearings to obtain citizens' views 
and to respond to citizen proposals at times 
and locations which permit broad 
participation, particularly by low- and 
moderate-income persons, members of 
minority groups, handicapped persons, and 
residents of blighted neighborhoods and 
project areas. 

(E) Conduct one public hearing during the 
plaiming process to allow citizens the 
opportunity to express views and proposals 
prior to formulation of the application, except 
that applicants in the Urgent Needs category 
are exempt from holding this public hearing. 

(F) Conduct one public hearing after the 
application has been prepared but prior to 
submission of the application to the Division. 

(2) Submitting objections to the Division. 

(A) Persons wishing to object to the approval of 

an application by the Division shall submit to 

the Division their objections in writing. The 

Division shall consider objections made only 

on the following grounds: 

(i) The applicant's description of the needs 

and objectives is plainly inconsistent 

with available facts and data, 

(ii) The activities to be undertaken are 

plainly inappropriate to meeting the 

needs and objectives identified by the 



applicant, and 
(iii) The application does not comply with 

the requirements of this Subchapter or 

other applicable laws. 
(B) All objections shall include an identification of 
the requirements not met. In the case of 
objections made on the grounds that the 
description of needs and objectives is plainly 
inconsistent with significant, generally 
available facts and data, the objection shall 
include the facts and data upon which the 
objection is based. 

(c) Citizen Participation Plan. Recipients shall develop and 
adopt, by resolution of their governing board, a written citizen 
participation plan developed in accordance with all provisions 
of this Rule and which: 

(1) provides for and encourages citizen participation with 
particular emphasis on participation by persons of 
low- and moderate-income who are residents of slum 
and blight areas and of areas in which CDBG funds 
are proposed to be used; 

(2) provides citizens with reasonable and timely access 
to local meetings, information, and records relating 
to the recipient's proposed and actual use of funds; 

(3) provides for technical assistance to groups 
representative of persons of low- and 
moderate-income that request such assistance in 
accordance with Pan (b)(1)(B) of this Rule; 

(4) provides for public hearings to obtain citizen views 
and to respond to proposals and questions at all 
stages of the community development program in 
accordance with Paragraphs (b), (f), and (g) of this 
Rule; 

(5) provides a procedure for developing timely written 
responses to written complaints and grievances 
within ten calendar days of receipt of the complaint. 
The procedure shall include all provisions of 
Paragraph (d) of this Rule; and 

(6) identifies how the needs of non-English speaking 
residents will be met in the case of public hearings 
where a significant number of non-English speaking 
residents can be reasonably expected to participate. 

(d) The recipient shall develop and adopt a written complaint 
procedure to respond to citizen complaints involving the CDBG 
program. The complaint procedure shall be applicable through 
the life of the grant and available to the general public. It shall 
specify that the recipient will respond in writing to written 
citizen complaints within ten calendar days of receipt of the 
complaint. The procedure shall include a phone number for 
further information or clarification on the complaint procedure 
and shall identify any local procedures or appeals process that 
would normally be used by the recipient to address citizen 
complaints. The complaint procedure shall also state that if a 
citizen lodging a complaint is dissatisfied with the local 
response, then that person may direct the complaint to the 
North Carolina Division of Community Assistance. 

(e) Citizen participation during program implementation. 



12:16 



NORTH CAROLINA REGISTER 



February 16, 1998 



1526 



APPROVED RULES 



Cilizcns shall have the opporiuniiy to comment on the 
implementation of a Community Development Program 
throughout the term of the program. Recipients shall solicit 
and respond to the views and proposals of citizens in the same 
manner as in Part (b)( I )( A) of this Rule. 
(0 Citizen participation in the program amendment process. 

(1) Recipient procedures. 

(A) Recipients proposing amendments which 
require prior Division approval in accordance 
with Rule .0910 of this Subchapter shall to 
conduct one public hearing prior to 
subinission of the amendment to the Division 
in the same manner as in Part (b)( I )(C) of this 
Rule. 

(B) Each recipient shall respond to citizen 
objections and comments in the same manner 
as in Part (b)(1)(A) of this Rule. 

(2) Submitting Objections to the Division. 

(A) Persons wishing to object to the approval of 
an amendment by the Division shall make 
such objection in writing. The Division shall 
consider objections made only on the 
following grounds: 

(i) The recipient's description of needs and 
objectives is plainly inconsistent with 
available facts and data, 
(ii) The activities to be undertaken are 
plainly inappropriate to meeting the 
needs and objectives identified by the 
recipient, and 
(iii) The amendment does not comply with 
the requirements of this Section or 
other applicable laws and regulations. 

(B) All objections sh;ill include an ideiilificalion of 
the requirements not met. In the case of 
objections made on the grounds that the 
description of needs and objectives is plainly 
inconsistent with significant, generally 
available facts and data, the objection shall 
include the facts and data upon which the 
objection is based. 

(g) Cili/en participation in the program closeout process. 

(1) Rccipiaiis sh;dl conduct one public hearing lo assess 
program performance during the grant closeout 
process and prior to the actual closeout of the grant 
m the same m;uincr as in Part (b)(1)(C) of this Rule. 

(2) Recipients shall continue to solicit and respond to 
citi/en comment in the same manner as in Part 
(b)(1)(A) of this Rule until such time as the grant 
program is closed. 

(h) Persons may submit written comments to the Division at 
aii\ time concerning the applicint's or recipient's failure to 
comply with the requiremenis contained in this Subchapter. 

(i) All records of public hearings, citizens' comments, 
res|ionses to comments and other relevant documents and 
papers shall be kept in accordance wiih Rule .0911 of this 
SulKh.ipier. All progr.im records shall be accessible lo citi/ens 



in accordance with Rule .091 1(b) of this Subchapter. 

Histon Noie: Authority G.S. 143B-10: 143B-431: 42 
U.S.C.A. 5304(a)(2); 24 C.F.R. 570.486: . 

Eff. July 1. 1982: i 

Amended Eff. August L 1998: June 1, 1993: September 1. ^ 
1990: May 1. 1988: March 1. 1984. 

.1004 ENVIRONMENTAL REVIEW 

(a) Applicants and recipients shall comply with the policies 
of the National Environmental Policy Act of 1969 and all other 
applicable provisions of Federal and State law which further the 
purposes of such act (as specified in 24 C.F.R. Part 58). This 
Subchapter incorporates by reference 24 CFR Part 58, 
including subsequent amendments and editions. Copies of this 
federal regulation are available for public inspection from the 
Division of Community Assistance. Single copies are available 
from this Division in Raleigh, North Carolina, for one dollar 
($1.00) each. 

(b) Applicants and recipients shall assume the 
res[X)nsibilities for environmental review, decision-making, and 
other actions which would otherwise apply to the Secretary, 
under NEPA and other provisions of law which further the 
purposes of NEPA in accordance with section 104(f)(4) of Title 
1 of the Housing and Community Development Act of 1974, as 
amended and the implementing regulations at 24 C.F.R. Part 
58. 

(c) Applicants and recipients shall meet the requirements of 
the following Federal laws and regulations: 

(1) The National Environmental Policy Act of 1969 i 
("NEPA", 42 U.S.C. 4321 et seq., P.L. 91-190) \ 
which establishes national policy, goals, and 
procedures for protecting, restoring and enhancing 
environmental quality; 

(2) Environmental Review Procedures for Title I 
Community Development Block Grant Programs, (24 
C.F.R. Pan 58), which sets forth the procedures for 
carry ing out the environmental responsibilities under 
NEPA; 

(3) Executive Order 1 1988, Floodplain Management, 
May 24, 1977 (42 F.R. 26951 et seq.); 

(4) Executive Order 11990, Protection of Wetlands, 
May 24. 1977 (42 F.R. 26961 et seq.); 

(5) The Coastal Zone Management Act of 1972, (16 
Ll.S.C. 1451 et seq.), as amended; 

(6) The Safe Drinking Water Act of 1974 (42 U.S.C. 
201, 300(f) et seq., and 21 U.S.C. 349), as 
amended, particularly concerning sole source 
aquifers; 

(7) The Endangered Species Act of 1973 (16 U.S.C. 
1531 et .seq.), as amended; 

(8) The Wild ;uid Scenic Rivers Act of 1968 (16 U.S.C. 
1271 et seq.), as amended; 

(9) The Clean Air Act (42 U.S.C. 7401 et seq.); 

(10) The Fish and Wildlife Coordination Act of 1958 as ^ 
amended, (16 U.S.C. 661 et seq); t 

(in The Federal Water Pollution Control Act (P.L V 



1527 



\ORTll C \ROU\.\ REGISTER 



Eehriiar\ 16, 1998 



12:16 



APPROVED RULES 



92-500); 

(12) HUD environmental criteria and standards (24 
C.F.R. Part 51), and the Council on Environmental 
Quality Standards at 40 C.F.R. Part 1500-1508; 

(13) The National Historic Preservation Act of 1966 (16 
U.S.C. 470 et seq.) as amended; 

(14) Procedures for the Protection of Historic and 
Cultural Properties, 36 CFR 800; 

(15) Executive Order 1 1593, Protection and Enhancement 
of the Cultural Environment. May 13, 1971 (36 
F.R. 8921 etseq.); 

(16) The Reservoir Salvage Act of 1960 (16 U.S.C. 469 
et seq.); as amended by the Archaeological and 
Historic Preservation Act of 1974; and 

(17) The Flood Disaster Protection Act of 1973 (42 
U.S.C. 4001 et seq.), as amended. 

(d) The recipient shall meet the requirements of the 
following State laws and rules where they are applicable to the 
provisions of this Subchapter: 

(1) Chapter 113A of the General Statutes of North 
Carolina, entitled Pollution Control and 
Environment; 

(2) G.S. 143-215.108 which designates the 
Enviroimiental Management Commission as the 
issuing authority for air quality permits; 

(3) G.S. 143-215.1 which governs water pollution 
permits and designates the Environmental 
Management Commission as the issuing authority; 

(4) G.S. 121-12, Protection of Properties on the 
National Register, which requires consideration of 
project impact on any property listed in the National 
Register; and 

(5) G.S. 70-1 through 70-3, Indian Antiquities laws, 
which urges private landowners to refrain from 
excavation and other actions leading to the 
destruction of Indian archaeological sites on their 
property. It also requires local governments to 
report the discovery of artifacts and refrain from 
further excavation or construction when excavating 
or constructing on public lands. 

(e) The recipient shall obtain all air pollution and water 
pollution permits for a CDBG program pursuant to Paragraph 
(d) of this Rule. 

(f) All records and data shall be maintained pursuant to Rule 
.0911 of this Subchapter. 

History Note: Authority G.S. 143-215.1; 143-215.108; 
143B-10; 143B-431: 24 C.F.R. Part 58; 24 C.F.R. 570.487; 
42 U.S.C.A. 4321 through 4370; 42 U.S.C.A. 5304(b)(4); 
Eff. July 1, 1982; 

Amended Eff. August L 1998: June 1, 1993: September 1, 
1990; May 1, 1988; October 1, 1984. 



> 



SECTION .1300 



HOUSING DEVELOPMENT 
PROJECTS 



.1301 DESCRIPTION 



Grants under this category shall support the development of 
housing opportunities for low- and moderate-income persons. 
The Division may limit the use of program funds to specific 
eligible activities. 

History Note: Authority G.S. 1438-10; 143B-431; 24 C.F.R. 

570.483; 

Eff. March 1, 1986; 

Amended Eff. August L 1998: May 1, 1992. 

. 1 302 ELIGIBILITY REQUIREMENTS 

(a) Applications for Housing Development funds must show 
that: 

(1) At least 51 percent of the CDBG funds proposed for 
each project will benefit low- and moderate-income 
persons; and 

(2) CDBG funds proposed for each activity shall meet a 
national objective as specified in HUD regulations 
previously incorporated by reference, except that 
funds shall not be used to meet the national objective 
of urgent need which is covered by Rule .0801 of 
this Subchapter. 

Applicants that do not meet these requirements will not be 
rated or funded. 

(b) Applicants shall have the capacity to administer a 
Community Development Block Grant Program. The Division 
may examine the following areas to determine capacity: 

(1) audit and monitoring findings on previously funded 
Community Development Block Grant Programs, 
and the applicant's fiscal accountability as 
demonstrated in other state or federal Programs or 
local government financial reports; and 

(2) the rate of expenditure of funds in previously funded 
Community Development Block Grant Programs. 

History Note: Authority G.S. 143B-10; 143B-431; 24 C.F.R. 

570.482; 24 C.F.R. 570.483; 

Eff. March 1. 1986; 

Amended Eff. August L 1998: June 1, 1994; June 1, 1993; 

September 1, 1990; April 1, 1990. 

SECTION .1700 - COMMUNITY EMPOWERMENT 
PROJECTS 

.1701 DESCRIPTION 

Grants under the Community Empowerment Category shall 
improve self-sufficiency and economic opportunities for low- 
and moderate-income persons. 

History Note: Authority G.S. 143B-10; 143B-431; 24 C.F.R. 

570.483; 

Eff. March 1. 1995; 

Amended Eff Aug ust 1. 1998. 

.1702 ELIGIBILITY REQUIREMENTS 

(a) Applications for Community Empowerment funds must 
show that: 



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(1) At least 51 percent of the CDBG funds proposed for 
each project will benefit low- and moderate-income 
persons; and 

(2) CDBG funds proposed for each activity shall meet a 
national objective as specified in HUD regulations 
previously incorporated by reference, except that 
funds shall not be used to meet the national objective 
of urgent need which is covered by Rule .0801 of 
this Subchapter. 

(3) The project includes at least one dollar ($1.00) of 
non-CDBG funds to match each dollar of CDBG 
funds requested, except for projects in counties 
designated by the Secretary of Commerce as Tier 
One Enterprise Areas as defined in G.S. 105- 
130, 40(c) or areas designated by the federal 
government as Enterprise Zones. 

(b) Applicants shall have the capacity of administer a CDBG 
program. The Division may examine the following areas to 
determine capacity: 

(1) audit and monitoring findings on previously funded 
Community Development Block Grant programs, and 
the applicant's fiscal accountability as demonstrated 
in other state or federal programs or local 
government financial reports: and 

(2) the rate of expenditure of funds and accomplishments 
in previously funded CDBG programs. 

Applicants that show a lack of capacity will not be rated or 
funded. 

History Note: Authority G.S. 143B-10; 143B-431; 24 C.F.R. 
570.482; 24 C.F.R. 570.483; 
Eff. March 1, 1995; 
Amended Eff. August L 1998. 

SECTION .1800 - NORTH CAROLC^A 
DEVELOPMENT LOAN FUND 

.1801 GENERAL 

(a) The North Carolina Development Loan Fund is a loan 
program for non-entitlement communities participating in the 
Small Cities Community Development Block Grant program to 
access the Department of Housing and Urban Development's 
Section 108 Guaranteed Loan Program. The funds under this 
program are loaned to units of local governments for projects 
meeting one of the national objectives of benefitting low and 
moderate income persons, eliminating slums and blight or 
addressing a community's urgent needs, as defined in the 
Housing and Conmiunity Development Act of 1974 as 
amended. 

(b) The Division shall review applications from local 
governments to the Department of Housing and Urban 
Development under the Development Loan Fund program. The 
re\-iew and approval must be made to pledge future state CDBG 
allocation as additional collateral for the Development Loan 
fund program. 

(c) The Division shall review applications for projects with 
housing, commercial and mixed use components. The 



Commerce Finance Center shall review and approve economic 
development projects. 

History Note: Authority G.S. 143B-431; 153A-376; 160A- i 
456; 24 C.F.R. 570 Subpart M; \ 

Eff. Aug ust 1. 1998. 

.1802 ELIGIBLE ACTIVITIES 

(a) This section incorporates by reference as eligible 
activities those activities described in the Housing and 
Community Development Act of 1974, as amended, including 
subsequent amendments and editions under Section 108 and in 
24 CFR 570.703. 

(b) G.S. 143B-43 1(d)(3) - further limits eligibility by 
finding that hotels, motels, private recreational facilities, 
private entertainment facilities and convention centers are 
ineligible for Development Loan Funds. 

(c) Copies of these sections of state and federal law and 
regulation are available for public inspection from the Division 
of Community Assistance. 

History Note: Authority G.S. 1433-431; 24 C.F.R. 570. 703; 
Eff. Aug ust 1. 1998. 

.1803 ELIGIBILITY REQUIREMENTS 

(a) Applications for Development Loan Funds must show 
that: 

(1) All activities are eligible under state and federal 
regulations; and 

(2) Development Loan Funds proposed for each activity I 
meet a national objective as specified by HUD 
regulations incorporated by prior reference; and 

(3) The applicant has the capacity to administer a 
Development Loan Fund project. 

(b) The Division must make the following findings prior to 
an award: 

(1) A loan loss reserve is in place equal to 10% of the 
amount of the outstanding balance. 

(2) The approved loan may not take the total amount of 
outstanding obligations under the Development Loan 
Fund to more than twice the amount of the annual 
CDBG allocation. 

History Note: Authority G.S. 1438-431; 24 C.F.R. 570 

Subpart M; 

Eff. Aug ust 1. 1998. 



TITLE 10 - DEPARTMENT OF HEALTH AND 
HUMAN SERVICES 

CHAPTER 3 - FACILITY SERVICES 

SUBCHAPTER 3D - RULES AND REGULATIONS 

GOVERNING AMBULANCE 

SERVICE AND TRAUMA SYSTEMS 



( 



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SECTION .2000 - GENERAL INFORMATION 

.2001 DEFLNITIONS 

The following definitions apply throughout this Subchapter: 

(1) "Advanced Life Suppon Professional (ALS 
Professional)" means a cenified emergency medical 
dispatcher. emergency medical technician, 
emergency medical technician-intermediate, or 
emergency medical technician-paramedic whether 
working on a paid or volunteer basis. 

(2) "Advanced Life Suppon Program (ALS Program)" 
means a program of prehospital emergency medical 
care whereby definitive medical care is delivered to 
a victim of sudden injury or illness by appropriately 
educated and cenified ALS professionals operating 
under the direction of a sponsor hospital. 

(3) "Ambulance Call Repon" means a written or 
electronic record of out-of-hospital activities 
penaining to the care of an individual patient. 

(4) "Bypass" means the transpon of an Emergency 
Medical Services patient past a normally used 
Emergency Medical Services receiving faciliiv' for 
the purposes of accessing a designated trauma center 
or a higher level trauma center. 

(5) "Contingencies" means conditions placed on a 
hospital's designation which, if unmet, can result in 
the loss or amendment of a hospital's designation. 

(6) "Continuous Quality Improvement (CQI)" means a 
system in which outcome data is used to modif\- the 
process of patient care and prevent repetition of 
adverse events. 

(7) "Deficiencies" are criteria for a trauma center's 
designation as specified in Section .2100 of this 
Subchapter that are determined to be unsatisfactor\- 
which can serve as the basis for the denial of a 
trauma center designation or renewal. 

(8) "Depanment" means the Nonh Carolina Depanment 
of Health and Human Services. 

(9) "Diversion" means that a hospital of its own volition 
reroutes a trauma patient to a trauma center. 

(10) "E-Code" is a numeric identifier that defines the 
cause of injury, taken from the International 
Classification of Diseases (ICD). 

(11) "Hospital" means a licensed facility as defined in 
G.S. 131E-176. 

(12) "Level I Trauma Center" is a regional resource 
trauma center that has the capability of providing 
leadership, research and total care for every aspect of 
injury from prevention to rehabilitation. 

(13) "Level II Trauma Center" is a hospital that provides 
definitive trauma care regardless of the severity of 
injury, but may not be able to provide the same 
comprehensive care as a Level I trauma center, and 
does not have trauma research as a primary objective. 

(14) "Level III Trauma Center" is a hospital that provides 
prompt assessment, resuscitation, emergency 
operations, and stabilization and arranges for hospital 



transfer as needed to a Level I or II trauma center. 

(15) "NCOEMS" means the N'onh Carolina Office of 
Emergency Medical Services. 

(16) "Regional Advisory Committee (R.\C) ' is a group 
representing trauma care providers and the 
community, affiliated with a Level I or II trauma 
center, for the purpose of regional trauma planning, 
establishing, and maintaining a coordinated trauma 
system. 

(17) "Request for Proposal (RFP)" is a standardized state 
document that must be completed by each hospital 
seeking mitial or renewal trauma center designation. 

(18) "Transfer Agreement" means a formal written 
agreement between two agencies specif>ing the 
appropnate transfer of patient populations delineating 
the conditions and methods of transfer. 

(19) "Trauma Center" is a hospital facility designated by 
the state of Nonh Carolina and distinguished by its 
ability to immediately manage, on a 24-hour basis, 
the severely injured patient or those at risk for se\ere 
injury. 

(20) "Trauma Center Criteria" means essential or 
desirable characteristics to define Level I, II or III 
trauma centers. 

(21) "Trauma Center Designation" means a formalized 
process of approval in which a hospital voluntarily 
seeks to have its trauma care capabilities and 
performance evaluated b\' experienced on-site 
reviewers. 

(22) "Trauma Minimum Data Set" means the basic data 
required of all hospitals for submission to the trauma 
statewide database. 

(23) "Trauma Patient" is a person who has sustained acute 
injury and by means of a standardized field triage 
criteria (anatomic, physiologic and mechanism of 
injury) is judged to be at significant risk of monality 
or major morbidity. 

(24) "Trauma Protocols" are standards for practice in a 
variety of situations within the trauma s\stem. 

(25) "Trauma Registry" is an OEMS maintained database 
to provide information for analysis and evaluation of 
the quality of patient care, including epidemiological 
and demographic characteristics of trauma patients. 

(26) "Trauma SeI^■ice" means a clinical service established 
by the medical staff that has oversight of and 
responsibility for the care of the trauma patient. 

(27) "Trauma System" means an integrated network that 
ensures that acutely injured patients are expeditiously 
taken to hospitals appropriate for their level of 
injury. 

(28) "Trauma Team" means a group of health care 
professionals organized to provide coordinated and 
timely care to the trauma patient. 

(29) "Triage" is a predetermined schematic for patient 
distribution based upon established medical needs. 

(30) "Weaknesses" are significant areas of concern 
identified in conjunction with a hospital's request for 



NORTH CAROLINA REGISTER 



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APPROVED RULES 



trauma center designation or renewal. A significant 
number or magnitude of weaknesses can result in 
denial of a hospital's request for initial or renewal 
trauma center designation. 

History Note: Authority G.S. 131-162; 
Eff. August 1. 1998. 

SECTION .2100 - TRAUMA CENTER STANDARDS 
AND APPROVAL 

.2101 LEVEL I TRAUMA CENTER CRITERIA 

(a) To receive designation as a Level I Trauma Center, a 
hospital shall have the following: 

(1) a trauma service which has been operational for at 
least six months prior to application; 

(2) membership in and inclusion of all trauma patient 
records in the North Carolina Trauma Registry for at 
least six months prior to submitting an RFP 
application: 

(3) a trauma medical director who is a board certified 
general surgeon. The trauma medical director must; 

(A) have a minimum of three years clinical 
experience on a trauma service and/or trauma 
fellowship training; 

(B) serve on the center's trauma service; 

(C) panicipate in providing care to patients with 
life-threatening or urgent injuries; 

(D) participate in the North Carolina Chapter of 
the American College of Surgeons' Committee 
on Trauma; 

(E) remain a current provider in the American 
College of Surgeons' Advanced Trauma Life 
Support Course and in the provision of trauma 
related instruction to other health care 
personnel; and 

(F) be involved with trauma research and the 
publication of results and presentations: 

(4) a full-time trauma nurse coordinator (TNC) who is a 
registered nurse, licensed by the North Carolina 
Board of Nursing; 

(5) a full-time trauma registrar (TR) who has a working 
knowledge of medical terminology, is able to operate 
a personal computer, and has demonstrated the 
ability to extract data from the medical record; 

(6) clinical services in General Surgery, Neurologic 
Surgery, Orthopedic Surgery, Emergency Medicine, 
and Anesthesiology; 

(7) response of a trauma team to provide evaluation and 
treatment of a trauma patient 24-hours-per-day that 
includes: 

(A) an in house Post Graduate Year 4 or senior 
general surgical resident, at a minimum, who 
is a member of that hospital's surgical 
residency program and responds within 20 
minutes of notification; 

(B) a trauma attending who responds within 20 



minutes of notification and participates in 
therapeutic decisions and is present at all 
operative procedures: 

(C) an emergency physician who is present in the I 
emergency department 24-hours-per-day who 
is either board certified or prepared in 
emergency medicine (by the American Board 
of Emergency Medicine or the American 
Osteopathic Board of Emergency Medicine) or 
board certified or eligible by the American 
Board of Surgery, American Board of Family 
Practice, or American Board of Internal 
Medicine and practices emergency medicine as 
his primary specialty. This physician serves 
as a designated member of the trauma team 
until the arrival of the trauma surgeon; 

(D) neurosurgery' and orthopaedic surgery 
specialists who are never simultaneously on 
call at another Level II or higher trauma 
center, who are available within 30 minutes of 
notification as long as there is either an in- 
house attending neurosurgeon/orthopedic 
surgeon; a Post Graduate Year 2 or higher in- 
house neurosurgepv'/orthopedic surgery 
resident or an in-house trauma surgeon or 
emergency physician as long as the institution 
can document management guidelines and 
annual continuing medical education for 
neurosurgical /orthopedic emergencies. There 
must be a specified written back-up on the call 
schedule whenever the 
neurosurgical/orthopedist is simultaneously on 
call at a hospital other than the trauma center; 

(E) An in-house anesthesiologist or a Post 
Graduate Year 4 anesthesiology chief resident 
as long as an anesthesiologist on call is 
advised and promptly available within 20 
minutes; 

(8) a written credentialing process established by the 
department of surgery to approve attending general 
surgeons covering the trauma service. These 
surgeons must have a minimum of board certification 
in general surgery within five years of completing 
residency; 

(9) two separate call schedules. One shall be for trauma, 
one for general surgery. In those instances where a 
physician may simultaneously be listed on both 
schedules, there must be a defined back-up surgeon 
listed on the trauma schedule. If a surgeon is 
simultaneously on call at more than one hospital, 
there must be a defined back-up listed on the trauma 
schedule. In addition, the hospital shall publish an 
on-call schedule for neurosurgeons, orthopedic 
surgeons and other major specialists; , 

(10) standard written protocols relating to trauma care I 
management must be formulated and routinely 
updated; 



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(11) Criteria to ensure team activation within 20 minutes 
prior to patient arrival (in instances where the 
hospital has at least 20 minutes notification), trauma 
service admission, and evaluation of patients w/ 
with multiple system or major injury based upon the 
earliest recognition of the following physiologic 
criteria: 

(A) Shock; 

(B) Respiratory distress; 

(C) airway compromise; 

(D) spinal cord injury; 

(E) umesponsiveness (Glasgow Coma Scale < 8) 
with potential for multiple injuries; 

(F) revised trauma score less than or equal to eight 
(when in field); 

(12) pronpt surgical consults that shall be initiated based 
upon the following criteria: 

(A) falls > 20 feet; 

(B) pedestrian struck by motor vehicle; 

(C) motor vehicle crash with: 

(i) ejection (includes motorcycle); 

(ii) rollover; 

(iii) speed > 40 miles per hour; or 
(iv) death at the scene; 

(D) proximal amputations; 

(E) bum plus trauma; 

(F) vascular compromise; 

(G) crush to chest or pelvis; 

(H) two or more proximal long bone fractures; and 
(I) gunshot wound to torso, neck, or proximal 
extremities; 

(13) within 30 minutes of notification, availability of 
services to include: 

(A) cardiac surgery; 

(B) cardiology; 

(C) hand surgery; 

(D) infectious disease; 

(E) internal medicine and subspecialties; 

(F) microvascular surgery (replant/flaps); 

(G) obstetric/gynecologic surgery; 
(H) ophthalmic surgery; 

(I) oral/maxillofacial surgery; 

(J) pediatric surgery; 
(K) pediatrics; 
(L) plastic surgery; 
(M) pulmonary medicine; 
(N) radiology; 

(O) thoracic surgery provided by a board certified 
thoracic surgeon or general trauma surgeon 
with thoracic surgical privileges; and 
(P) urologic surgery; 

(14) an emergency depanment which has at a minimum; 
(A) a designated physician director who, if hired 

after January 1, 1992, is board certified or 
board prepared in emergency medicine (by the 
American Board of Emergency Medicine or 
the American Osteopathic Board of 



Emergency Medicine); 

(B) 24-hour-per-day staffing by physicians 
physically present in the Emergency 
Depanment who: 

(i) are either board certified or prepared in 
emergency medicine (by the American 
Board of Emergency Medicine or the 
American Osteopathic Board of 
Emergency Medicine) or board certified 
or eligible by the American Board of 
Surgery, American Board of Family 
Practice, or American Board of Internal 
Medicine; 
(ii) are designated members of the trauma 

team; and 
(iii) and practices emergency medicine as 
his primary specialty; 

(C) nursing personnel with experience in trauma 
care who continually monitor the trauma 
patient from hospital arrival to disposition to 
an intensive care unit, operating room, or 
patient care unit; 

(D) resuscitation equipment for patients of all ages 
to include: 

(i) airway control and ventilation 

equipment (laryngoscopes, endotracheal 

tubes, bag-mask resuscitators, pocket 

masks, and oxygen); 

(ii) pulse oximetry; 

(iii) end-tidal carbon dioxide determination 

equipment; 
(iv) suction devices; 
(v) electrocardiograph-oscilloscope- 

defibrillator; 
(vi) apparatus to establish central venous 

pressure monitoring; 
(vii) intravenous fluids and administration 
devices to include large bore catheters; 
(viii) sterile surgical sets for airway 
control/cricothyrotomy, thoracotomy, 
vascular access, and chest 
decompression; 
(ix) apparatus for gastric decompression; 
(x) 24-hour-per-day X-ray capability; 
(xi) two-way communication equipment for 
communication with the emergency 
transport system; 
(xii) skeletal traction devices, including 

capability for cervical traction; 
(xiii) arterial catheters; 
(xiv) thermal control equipment for patients; 

and 
(xv) thermal control equipment for blood 
and fluids; 
(15) an operating suite which is immediately available 24- 
hours-per-day and has at a minimum; 
(A) 24-hour-per-day immediate availability of in 



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APPROVED RULES 



house staffing; 
(B) equipment for patients of all ages to include: 
(i) cardiopulmonary bypass capability; 
(ii) operating microscope; 
(iii) thermal control equipment for patients; 
(iv) thermal control equipment for blood 

and fluids; 
(v) 24-hour-per-day X-ray capability 

including c-arm image intensifier; (18) 

(vi) endoscopes; (19) 

(vii) craniotomy instruments; and 
(viii) capability of fixation of long-bone and 

pelvic fractures; (20) 

(16) a postanesthetic recovery room or surgical intensive 
care unit which has at a minimum; 

(A) 24-hour-per-day in house staffing by 
registered nurses and other essential (21) 
personnel; 

(B) equipment for patients of all ages to include: 

(i) capability for continuous monitoring of (22) 

temperature, hemodynamics, and gas 
exchange; 
(ii) capability for continuous monitoring of 

intracranial pressure; 
(iii) pulse oximetry; 
(iv) end tidal carbon dioxide determination 

capability; 
(v) thermal control equipment for patients; 

and 
(vi) thermal control equipment for blood (23) 

and fluids; 

(17) an intensive care unit for trauma patients which has 
at a minimum; 

(A) a designated surgical director of trauma 
patients; 

(B) a physician on duty in the intensive care unit 
24-hours-per-day or immediately available 
from within the hospital as long as this 
physician is not the sole physician on call for 
the emergency department; 

(C) maximum ratio of one nurse per two patients 
on each shift; 

(D) equipment for patients of all ages to include: 

(i) airway control and ventilation 

equipment (laryngoscopes, endotracheal (24) 

tubes, bag-mask resuscitators and 
pocket masks); 
(ii) oxygen source with concentration 

controls; 
(iii) cardiac emergency cart; 
(iv) temporary transvenous pacemaker; 
(v) elect roc ardiograph-oscilloscope- 

defibrillator; 
(vi) cardiac output monitoring capability; 
(vii) electronic pressure monitoring 

capability; 
(viii) mechanical ventilator; (25) 



(ix) patient weighing devices; 

(x) pulmonary function measuring devices; 

(xi) temperature control devices; and 
(xii) intracranial pressure monitoring 
devices; 
(E) within 30 minutes of request, be able to 

perform blood gas measurements, hematocrit 

level, and chest X-ray studies; 
acute hemodialysis capability; 
physician-directed bum center staffed by nursing 
persormel trained in bum care or a written transfer 
agreement with a bum center; 
acute spinal cord management capability or written 
transfer agreement with a designated spinal cord 
injury rehabilitation center when one exists within 
the region; 

acute head injury management capability or written 
transfer agreement with a designated head injury 
center when one exists within the region; 
radiological capabilities which has at a minimum: 

(A) 24-hour-per-day in-house radiology 
technician; 

(B) 24-hour-per-day in-house computerized 
tomography technician; 

(C) sonography; 

(D) nuclear scaiming; 

(E) computed tomography; 

(F) angiography; and 

(G) neuroradiology; 

a rehabilitation service which provides at a 
minimum; 

(A) a professional staff trained in rehabilitation 
care of critically injured patients; 

(B) for major trauma patients, functional 
assessment and recommendations regarding 
short and long term rehabilitation needs within 
one week of the patient's admission to the 
hospital or as soon as hemodynamically stable; 

(C) full in-house rehabilitation service or a written 
transfer agreement with a rehabilitation 
facility accredited by the Commission on 
Accreditation of Rehabilitation Facilities; and 

(D) substance abuse evaluation and counseling 
capability; 

24-hour-per-day clinical laboratory service which 
must include at a minimum: 

(A) standard analysis of blood, urine, and other 
body fluids; 

(B) blood typing and cross-matching; 

(C) coagulation studies; 

(D) comprehensive blood bank or access to a 
community central blood bank with storage 
facilities; 

(E) blood gases and pH determination; 

(F) microbiology; and 

(G) drug and alcohol screening capability; 
a quality improvement program to include: 



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(A) a state approved trauma registry; 

(B) morbidity and mortality reviews; 

(C) multidisciplinary trauma conference, at least 
quarterly, to include physicians, nurses, pre- 
hospital personnel , and a variety of other care 
givers which critiques individual cases and 
discusses educational issues related to trauma; 

(D) utilization review; 

(E) documentation and review of times and 
reasons for trauma related diversion of 
patients; and 

(F) documentation and review of response times 
for trauma surgeons, neurosurgeons, 
anesthesiologists, and orthopedists; 

(26) an outreach program to include: 

(A) written transfer agreements to address the 
transfer and receipt of trauma patients; 

(B) programs for physicians within the community 
and within the referral area (to include 
telephone and on-site consultations) about how 
to access the trauma center resources and refer 
patients within the system; 

(C) development of a Regional Advisory 
Committee (RAC) as specified in Section 
.2302 of this Subchapter; 

(D) development of regional criteria for 
coordination of trauma care; 

(E) assessment of impact on trauma morbidity and 
mortality and on patient outcome; and 

(F) assessment of trauma system operations at the 
regional level; 

(27) a program of trauma prevention and public education 
to include: 

(A) epidemiology research to include studies in 
injury control, collaboration with other 
institutions on research, monitoring progress 
of prevention programs, and consultation with 
qualified researchers on evaluation measures; 

(B) surveillance methods to include trauma 
registry data, special Emergency Department 
and field collection projects; 

(C) designation of a trauma prevention 
coordinator, which may be part of the trauma 
nurse coordinator effort; and 

(D) outreach activities, program development, 
information resources and collaboration with 
existing national, regional, and state trauma 
programs; 

(28) a trauma research program designed to produce new 
knowledge applicable to the care of injured patients 
to include: 

(A) a designated trauma research director; 

(B) regular meetings of a research group; 

(C) if required, proposals reviewed by 
institutional review board; 

(D) study designs which include the development 
and testing of clearly defined hypotheses; 



(E) presentation of research material at local, 
regional, or national meetings; and 

(F) publication of research material in peer- 
reviewed journals; 

(29) a documented continuing education program for staff 
physicians, nurses, allied health personnel, and 
community physicians to include: 

(A) an annual education program on the 
rehabilitation of major trauma patients for 
physicians, nurses and ancillary staff that deal 
in the early phase of care of these patients, 
including the efficacy of early rehabilitation 
interventions, long term sequelae of 
neurologic trauma, and long term functional 
prognosis of major trauma patients; 

(B) assurance of: 

(i) 20 hours of category I trauma related 
continuing medical education every two 
years for all attending general surgeons 
on the trauma service; 

(ii) 20 hours of category I trauma related 
continuing medical education every two 
years for all emergency physicians; 

(iii) 20 hours of category I trauma related 
continuing medical education (beyond 
in house in services) every two years 
for the trauma nurse coordinator; 

(iv) eight hours of traimia registry related or 
trauma related continuing education 
each year, as deemed appropriate by the 
trauma nurse coordinator, for the 
trauma registrar; 

(v) at least an 80% compliance rate for 16 
hours of trauma related continuing 
education (as approved by the trauma 
nurse coordinator) every two years 
related to trauma care for RN's and 
LPN's in transport programs, 
emergency departments, primary 
intensive care units, primary trauma 
floors, and other areas deemed 
appropriate by the trauma nurse 
coordinator; and 

(vi) eight contact hours of trauma related 
continuing education each year for 
physician assistants and mid-level 
practitioners routinely caring for 
trauma patients; and 

(30) an organ procurement program which includes 
medical and legal criteria for donation, role of organ 
procurement organizations and role of trauma care 
professionals. 

(b) Initial designation as a Level I Trauma Center is valid for 
a period of three years. Hospitals may be issued a renewal 
designation for four years by demonstrating continued 
compliance with all criteria specified in Subparagraph (a) of 
this Rule. 



12.16 



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February 16, 1998 



1534 



APPROVED RULES 



History Note: 
Eff. August L 



Authority G.S. 131E-162: 
1998. 



.2102 LEVEL II TRALTVIA CENTER CRITERIA 

(a) To receive designation as a Level II Trauma Center, a 
hospital shall have the following: 

(1) a trauma service which has been operational for at 
least six months prior to application: 

(2) membership in and inclusion of all trauma patient 
records in the North Carolina Trauma Registry' for at 
least six months prior to application; 

(3) a trauma medical director who is a board certified 
general surgeon. The trauma medical director must: 

(A) have a minimum of three years clinical 
experience on a trauma service and/or trauma 
fellowship training: 

(B) serve on the center's trauma service; 

(C) participate in providing care to patients with 
life-threatening or urgent injuries; 

(D) participate in the North Carolina Chapter of 
the American College of Surgeons' Committee 
on Trauma; 

(E) remain a current provider in the American 
College of Surgeons' Advanced Trauma Life 
Support Course and in the provision of trauma 
related instruction to other health care 
personnel; and 

(4) a full-time trauma nurse coordinator (TNC) who is a 
registered nurse, licensed by the North Carolina 
Board of Nursing; 

(5) a ftill-time trauma registrar (TR) who has a working 
knowledge of medical terminology, is able to operate 
a personal computer, and has demonstrated the 
ability to extract data from the medical record; 

(6) clinical services in General Surgerv', Neurologic 
Surger\', Orthopedic Surgerv', Emergency Medicine, 
and Anesthesiology; 

(7) response of a trauma team to provide evaluation and 
treatment of a trauma patient 24-hours-per-day that 
includes: 

(A) a trauma attending who responds within 20 
minutes of notification and participates in 
therapeutic decisions and is present at all 
operative procedures; 

(B) an emergency physician who is present in the 
emergency department 24-hours-per-day who 
is either board certified or prepared in 
emergency medicine (by the American Board 
of Emergency Medicine or the American 
Osteopathic Board of Emergency Medicine) or 
board cenified or eligible by the American 
Board of Surgerv', American Board of Family 
Practice, or American Board of Internal 
Medicine and practices emergency medicine as 
his primary- specialty. This physician serves 
as a designated member of the trauma team 
until the arrival of the trauma suraeon; 



(C) neurosurgery' and orthopedic surgen,' 
specialists who are never simultaneously on 
call at another Level II or higher trauma 
center, who are available within 30 minutes of a 
notification as long as there is there is either I 
an in-house attending neurosurgeon/orthopedic 
surgeon; a Post Graduate Year 2 or higher 
in-house neurosurgery/orthopedic surgery 
resident; or an in-house emergency physician 

or the on-call trauma surgeon as long as the 
institution can document management 
guidelines and annual continuing medical 
education for neurosurgical/orthopedic 
emergencies. There must be a specified 
written back-up on the call schedule whenever 
the neurosurgeon/orthopedic surgeon is 
simultaneously on call at a hospital other than 
the trauma center; 

(D) An in-house anesthesiologist or a Post 
Graduate Year 4 anesthesiology chief resident 
as long as an anesthesiologist on call is 
advised and promptly available within 20 
minutes or an in-house CRNA under physician 
supervision, practicing in accordance with 
G.S. 90-171.20(7)e., pending the arrival of 
the anesthesiologist; 

(8) a written credentialing process established by the 
department of surgery to approve attending general 
surgeons covering the trauma service. These 
surgeons must have a minimum of board cenification i 
in general surgen,' within five j'ears of completing ' 
residency; 

(9) two separate call schedules. One shall be for trauma, 
one for general surger)'. In those instances where a 
physician may simultaneously be listed on both 
schedules, there must be a defined back-up surgeon 
listed on the trauma schedule. If a surgeon is 
simultaneously on call at more than one hospital, 
there must be a defined back-up listed on the trauma 
schedule. In addition, the hospital shall publish an 
on-call schedule for neurosurgeons, orthopedic 
surgeons and other major specialists; 

(10) standard written protocols relating to trauma care 
management must be formulated and routinely 
updated; 

(1 1) Criteria to ensure team activation within 20 minutes 
prior to patient arrival (in instances where the 
hospital has at least 20 minutes notification), trauma 
service admission, and evaluation of patients with 
multiple system or major injun' based upon the 
earliest recognition of the following physiologic 
criteria: 

(A) Shock; 

(B) Respirator)' distress; 

(C) airway compromise; a 

(D) spinal cord injur,-; I 

(E) unresponsiveness (Glasgow Coma Scale < 8) 



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12:16 



APPROVED RULES 



with potential for multiple injuries; 
(F) revised trauma score less than or equal to eight 
(when in field); 

(12) prompt surgical consults that shall be initiated based 
upon the following criteria: 

(A) falls > 20 feet; 

(B) pedestrian struck by motor vehicle; 

(C) motor vehicle crash with: 

(i) ejection (includes motorcycle); 

(ii) rollover; 

(iii) speed > 40 miles per hour; or 
(iv) death at the scene; 

(D) proximal amputations; 

(E) bum plus trauma; 

(F) vascular compromise; 

(G) crush to chest or pelvis; 

(H) two or more proximal long bone fractures; and 
(I) gunshot wound to torso, neck, or proximal 
extremities; 

(13) within 30 minutes of notification, availability of 
services to include: 

(A) cardiology; 

(B) internal medicine and subspecialties; 

(C) obstetric/gynecologic surgery; 

(D) ophthalmic surgery'; 

(E) oral/maxillofacial surgery; 

(F) pediatrics; 

(G) plastic surgery; 

(H) pulmonary medicine; 
(I) radiology; 

(J) thoracic surgery provided by a board certified 
thoracic surgeon or general trauma surgeon 
with thoracic surgical privileges; and 
(K) urologic surgery; 

(14) an emergency department which has at a minimum; 

(A) a designated physician director who, if hired 
after January 1, 1992, is board certified or 
board prepared in emergency medicine (by the 
American Board of Emergency Medicine or 
the American Osteopathic Board of 
Emergency Medicine); 

(B) 24-hour-per-day staffing by physicians 
physically present in the Emergency 
Department who: 

(i) are either board certified or prepared in 
emergency medicine (by the American 
Board of Emergency Medicine or the 
American Osteopathic Board of 
Emergency Medicine) or board certified 
or eligible by the American Board of 
Surgery, American Board of Family 
Practice, or American Board of Internal 
Medicine; 
(ii) are designated members of the trauma 

team; and 
(iii) practice emergency medicine as their 
primary specialty; 



(C) nursing personnel with experience in trauma 
care who continually monitor the trauma 
patient from hospital arrival to disposition to 
an intensive care unit, operating room, or 
patient care unit; 

(D) resuscitation equipment for patients of all ages 
to include: 

(i) airway control and ventilation 

equipment (laryngoscopes, endotracheal 

tubes, bag-mask resuscitators, pocket 

masks, and oxygen); 

(ii) pulse oximetry; 

(iii) end-tidal carbon dioxide determination 

equipment; 
(iv) suction devices; 
(v) elect roc ardiograph-osc illoscope- 

defibrillator; 
(vi) apparatus to establish central venous 

pressure monitoring; 
(vii) intravenous fluids and administration 
devices to include large bore catheters; 
(viii) sterile surgical sets for airway 
control/cricothy rotomy , thoracotomy , 
vascular access, and chest 
decompression; 
(ix) apparatus for gastric decompression; 
(x) 24-hour-per-day X-ray capability; 
(xi) two-way communication equipment for 
communication with the emergency 
transport system; 
(xii) skeletal traction devices, including 

capability for cervical traction; 
(xiii) arterial catheters; 
(xiv) thermal control equipment for patients; 

and 
(xv) thermal control equipment for blood 
and fluids; 

(15) an operating suite which is immediately available 24- 
hours-per-day and which has at a minimum; 

(A) 24-hour-per-day immediate availability of in 
house staffing; 

(B) equipment for patients of all ages to include: 

(i) thermal control equipment for patients; 
(ii) thermal control equipment for blood 

and fluids; 
(iii) 24-hour-per-day X-ray capability 

including c-arm image intensifier; 
(iv) endoscopes; 
(v) craniotomy instruments; and 
(vi) capability of fixation of long-bone and 
pelvic fractures; 

(16) a postanesthetic recovery room or surgical intensive 
care unit which has at a minimum; 

(A) 24-hour-per-day in house staffing by 
registered nurses and other essential 
personnel; 

(B) equipment for patients of all ages to include: 



12:16 



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February 16, 1998 



1536 



APPROVED RULES 



(i) capability for continuous monitoring of 
temperature, hemodynamics, and gas 
exchange; 
(ii) capability for continuous monitoring of 

intracranial pressure; 
(iii) pulse oximetry; 
(iv) end tidal carbon dioxide determination 

capability; 
(v) thermal control equipment for patients; 

and 
(vi) thermal control equipment for blood 
and fluids; 

(17) an intensive care unit for trauma patients which has 
at a minimum; 

(A) a designated surgical director of trauma 
patients; 

(B) a physician on duty in the intensive care unit 
24-hours-per-day or immediately available 
from within the hospital as long as this 
physician is not the sole physician on call for 
the emergency department; 

(C) maximum ratio of one nurse per two patients 
on each shift; 

(D) equipment for patients of all ages to include: 

(i) airway control and ventilation 

equipment (laryngoscopes, endotracheal 

tubes, bag-mask resuscitators and 

pocket masks); 

(ii) oxygen source with concentration 

controls; 
(iii) cardiac emergency cart; 
(iv) temporary transvenous pacemaker; 
(v) electrocardiograph-oscilloscope- 

defibrillator; 
(vi) cardiac output monitoring capability; 
(vii) electronic pressure monitoring 

capability; 
(viii) mechanical ventilator; 
(ix) patient weighing devices; 
(x) pulmonary function measuring devices; 
(xi) temperature control devices; and 
(xii) intracranial pressure monitoring 
devices; 

(E) within 30 minutes of request, be able to 
perform blood gas measurements, hematocrit 
level, and chest X-ray studies; 

(18) acute hemodialysis capability or utilization of a 
written transfer agreement; 

(19) physician-directed bum center staffed by nursing 
personnel trained in bum care or a written transfer 
agreement with a bum center; 

(20) acute spinal cord management capability or written 
transfer agreement with a designated spinal cord 
injury rehabilitation center when one exists within 
the region; 

(21) acute head injury management capability or written 
transfer agreement with a designated head injury 



center when one exists within the region; 

(22) radiological capabilities which has at a minimum: 

(A) 24-hour-per-day in-house radiology 
technician; 

(B) 24-hour-per-day in-house computerized 
tomography technician; 

(C) sonography; 

(D) computed tomography; and 

(E) angiography; 

(23) a rehabilitation service which provides at a 
minimum: 

(A) a professional staff trained in rehabilitation 
care of critically injured patients; 

(B) for major trauma patients, functional 
assessment and recommendations regarding 
short and long term rehabilitation needs within 
one week of the patient's admission to the 
hospital or as soon as hemodynamically stable; 

(C) full in-house rehabilitation service or a written 
transfer agreement with a rehabilitation 
facility accredited by the Commission on 
Accreditation of Rehabilitation Facilities; and 

(D) substance abuse evaluation and counseling 
capability; 

(24) 24-hour-per-day clinical laboratory service which 
must include at a minimum: 

(A) standard analysis of blood, urine, and other 
body fluids; 

(B) blood typing and cross-matching; 

(C) coagulation studies; 

(D) comprehensive blood bank or access to a 
community central blood bank with storage 
facilities; 

(E) blood gases and pH determination; 

(F) microbiology; and 

(G) drug and alcohol screening capability; 

(25) a quality improvement program to include: 

(A) a state approved trauma registry; 

(B) morbidity and mortality reviews; 

(C) multidisciplinary trauma conference, at least 
quarterly, to include physicians, nurses, pre- 
hospital persoimel, and a variety of other care 
givers which critiques individual cases and 
discusses educational issues related to trauma; 

(D) utilization review; 

(E) documentation and review of times and 
reasons for trauma related diversion of 
patients; and 

(F) documentation and review of response times 
for trauma surgeons, neurosurgeons, 
anesthesiologists, and orthopedists; 

(26) an outreach program to include: 

(A) written transfer agreements to address the 
transfer and receipt of trauma patients; 

(B) programs for physicians within the community 
and within the referral area (to include 
telephone and on-site consultations) about how 



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12:16 



APPROVED RULES 



to access the trauma center resources and refer 
patients within the system; 

(C) development of a Regional Advisory 
Committee (RAC) as specified in Section 
.2302 of this Subchapter; 

(D) development of regional criteria for 
coordination of trauma care; 

(E) assessment of impact on trauma morbidity and 
mortality and on patient outcome; and 

(F) assessment of trauma system operations at the 
regional level; 

(27) a program of trauma prevention and public education 
to include: 

(A) designation of a trauma prevention 
coordinator, which may be part of the trauma 
nurse coordinator effort; and 

(B) outreach activities, program development, 
information resources and collaboration with 
existing national, regional, and state trauma 
programs; 

(28) a doctimented continuing education program for staff 
physicians, nurses, allied health personnel, and 
community physicians to include: 

(A) an aimual education program on the 
rehabilitation of major trauma patients for 
physicians, nurses and ancillary staff that deal 
in the early phase of care of these patients, 
including the efficacy of early rehabilitation 
interventions, long term sequelae of 
neurologic trauma, and long term functional 
prognosis of major trauma patients; 

(B) assurance of: 

(i) 20 hours of category I trauma related 
continuing medical education every two 
yean for all attending general surgeons 
on the trauma service; 
(ii) 20 hours of category I trauma related 
continuing medical education every two 
years for all emergency physicians; 
(iii) 20 hours of category I trauma related 
continuing medical education (beyond 
in house in services) every two years 
for the trauma nurse coordinator; 
(iv) eight hours per year trauma registry 
related or trauma related continuing 
education, as deemed appropriate by 
the trauma nurse coordinator, for the 
trauma registrar; 

(v) at least an 80% compliance rate for 16 
hours of trauma related continuing 
education (as approved by the trauma 
nurse coordinator) every two years 
related to trauma care for RN's and 
LPN's in transport programs, 
emergency departments, primary 
intensive care units, primary trauma 
floors, and other areas deemed 



appropriate by the trauma nurse 
coordinator; and 
(vi) eight contact hours of trauma related 
continuing education each year for 
physician assistants and mid-level 
practitioners routinely caring for 
trauma patients; and 
(29) an organ procurement program which includes 
medical and legal criteria for donation, role of organ 
procurement organizations and role of trauma care 
professionals, 
(b) Initial designation as a Level II Trauma Center is valid 
for a period of three years. Hospitals may be issued a renewal 
designation for four years by demonstrating continued 
compliance with all criteria specified in Subparagraph (a) of 
this Rule. 

History Note: Authority G.S. 131E-162; 
Eff. Aug ust 1. 1998. 

.2105 EVITIAL DESIGNATION PROCESS 

(a) A hospital interested in pursuing trauma center 
designation shall submit a letter of intent to the Office of 
Emergency Medical Services and request approval to submit an 
RFP based upon a review of the regional data. The Office of 
Emergency Medical Services shall procure the regional data to 
ascertain the hospital's ability to satisfy the justification of need 
information on trauma patient volume and severity of injury 
required in Rule .2104(a)(2)(A-C) of this subchapter. The 
Office of Emergency Medical Services shall notify the hospital 
in writing of its decision. The RAC shall also be notified of 
the approval so necessary changes in protocols can be 
considered. 

(b) The Office of Emergency Medical Services shall review 
the RFP and provide comments to the State Emergency Medical 
Services Advisory Council. 

(c) The State Emergency Medical Services Advisory Council 
shall make a recommendation to the Office of Emergency 
Medical Services to proceed with a site visit or identify 
documentation necessary prior to a site visit. 

(d) If the State Emergency Medical Services Advisory 
Council does not recommend a site visit, and the Office of 
Emergency Medical Services concurs, the reasons shall be 
forwarded to the hospital in writing within thirty days of the 
decision. The Office of Emergency Medical Services shall 
specify a period of time, which shall be no longer than one 
year, during which the hospital shall address the concerns in 
writing and request reconsideration. If the hospital fails to 
respond within the required time period, it shall reapply for 
designation by following the process outlined in Rule .2104 of 
this subchapter. 

(e) If the State Emergency Medical Services Advisory 
Council recommends the hospital for a site visit, and the Office 
of Emergency Medical Services concurs, the hospital shall be 
notified within thirty days and the site visit shall be conducted 
within six months of the recommendation. The site visit shall 
be scheduled on a date mutually agreeable to the hospital and 



12:16 



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February 16, 1998 



1538 



APPROVED RULES 



the Office of Emergency Medical Services. 

(f) The composition of a Level I or 11 site survey team shall 
be as follows: 

(1) one out-of-state Fellow of the American College of 
Surgeons; 

(2) one in-state emergency physician, who is a member 
of the North Carolina College of Emergency 
Physicians; 

(3) one in-state trauma surgeon who is a member of the 
North Carolina Committee on Trauma; 

(4) one out-of-state trauma nurse coordinator; 

(5) the medical advisor of the Office of Emergency 
Medical Services; and 

(6) the Hospital Programs Specialist of the Office of 
Emergency Medical Services. 

One physician, usually the one from out-of-state, shall be 
designated the primary reviewer. Any in-state reviewer (except 
the Office of Emergency Medical Services representatives) shall 
be from outside the planning region in which the hospital is 
located. 

(g) The composition of a Level III site survey team shall be 
as follows: 

(1) one Fellow of the American College of Surgeons, 
who is a member of the North Carolina Committee 
on Trauma; 

(2) one emergency physician who is a member of the 
North Carolina College of Emergency Physicians; 

(3) a trauma nurse coordinator; 

(4) the medical advisor of the Office of Emergency 
Medical Services; and 

(5) the Hospital Programs Specialist of the Office of 
Emergency Medical Services. 

All site team members for a Level III visit shall be from in- 
state, and all (except for the Office of Emergency Medical 
Services representatives) shall be from outside the plaiming 
region in which the hospital is located. One of the physicians 
shall be designated the primary reviewer. 

(h) On the day of the site visit, the hospital shall make 
available all required patient medical charts. 

(i) When a hospital is approved for a site visit, the Office of 
Emergency Medical Services shall notify the Regional 
Emergency Medical Services Councils within the primary 
catchment area of the proposed trauma center to allow for 
comment on the request for designation. 

(j) All criteria defined in Rule .2101, 2102 or .2103 of this 
subchapter shall be met for initial designation at the level 
requested . No deficiencies shall be permitted. 

(k) The reports of the site survey team and the staff 
recommendation shall be reviewed by the State Emergency 
Medical Services Advisory Council at its next regularly 
scheduled meeting which is more than 45 days following the 
site visit. Based upon the RFP, the site visit repon, and the 
staff recommendation, the State Emergency Medical Services 
Advisory Council shall recommend to the Office of Emergency 
Medical Services that the request for trauma center designation 
be approved or denied. 

(1) The hospital shall be notified, in writing, of the State 



Emergency Medical Services Advisory Council's and OEMS' 
final recommendation within 30 days of the Advisory Council 
meeting. 

(m) The final decision regarding trauma center designation 
shall be rendered by the Office of Emergency Medical Services. 
Contingencies on the designation, as well as required due dates 
and documentation, shall be specified at the time written 
notification is provided of the designation. Satisfaction of 
contingencies may require an additional site visit. 

History Note: Authority G.S. 131E-162; 143-509(3); 
Eff. Aug ust 1. 1998. 



.2106 RENEWAL DESIGNATION PROCESS 

(a) Prior to the end of the designation period, the Office of 
Emergency Medical Services shall forward to the hospital an 
RFP for completion. Simultaneously, the Office of Emergency 
Medical Services shall notify the Regional Emergency Medical 
Services Councils within the primary catchment area of the 
trauma center to allow for comment on the request for renewal . 

(b) The RFP shall be submitted at least 30 days prior to the 
site visit in accordance with Rule .2104(b) of this subchapter. 

(c) A site visit shall be conducted within 120 days prior to 
the end of the designation period. The site visit shall be 
scheduled on a date mutually agreeable to the hospital and the 
Office of Emergency Medical Services. 

(d) The composition of a Level I or II site survey team shall 
be the same as that specified in Rule .2105(g) of this 
subchapter. One physician, usually the one from out-of-state, 
shall be designated the primary reviewer. Any in-state 
reviewer (except the Office of Emergency Medical Services 
representatives) shall be from outside the planning region in 
which the hospital is located. 

(e) The composition of a Level III site survey team shall be 
the same as that specified in Rule .2105(h) of this subchapter. 
All site team members for a Level III visit shall be from in- 
state, and all (except for the Office of Emergency Medical 
Services representatives) shall be from outside the planning 
region in which the hospital is located. One of the physicians 
shall be designated the primary reviewer. 

(f) On the day of the site visit, the hospital shall make 
available all required patient medical charts. 

(g) The wntten reports of the site survey team and the staff 
recommendation shall be reviewed by the State Emergency 
Medical Services Advisory Council at its next regularly 
scheduled meeting which is more than 45 days following the 
site visit. Based upon the RFP, the site visit report, and the 
staff recommendation, the State Emergency Medical Services 
Advisory Council shall recommend to the Office of Emergency 
Medical Services that the request for trauma center renewal be 
approved or denied. 

(h) The hospital shall be notified in writing of the State 
Emergency Medical Services Advisory Council's and OEMS' 
final recommendation within 30 days of the Advisory Council 
meeting. 

(i) The final decision regarding trauma center renewal shall 
be rendered by the Office of Emergency Medical Services. 



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12:16 



APPROVED RULES 



Conlingencies on the renewal, as well as required due dates and 
documentation, shall be specified at the time written 
notification is provided of the renewal. Satisfaction of 
contingencies may require an additional site visit. 

History Note: Authority G.S. 131E-162; 143-509(3); 
Eff. Au g ust 1. 1998. 

SECTION .2200 - ENFORCEMENT 

.2201 DENIAL, PROBATION, VOLUNTARY 
WITHDRAWAL OR REVOCATION 
OF TRAUMA CENTER DESIGNATION 

(a) The Office of Emergency Medical Services may deny the 
designation of a trauma center for any of the following reasons: 

(1) failure to substantially comply with the requirements 
of section .2100 of this subchapter; 

(2) attempting to obtain a trauma center designation 
through fraud or misrepresentation; or 

(3) a significant number or magnitude of deficiencies or 
weaknesses to suggest that patient care may be 
compromised. 

(b) The Office of Emergency Medical Services may amend 
any trauma center designation from a full designation to a 
probationary designation whenever the Office of Emergency 
Medical Services finds that: 

(1) the trauma center has substantially failed to comply 
with the provisions of NC General Statute 13 IE- 162 
and the rules adopted under that article; or 

(2) there is no reasonable probability the trauma center 
can remedy the deficiencies or weaknesses within a 
reasonable length of time; or 

(3) the trauma center fails to meet contingencies placed 
upon it at the time of its initial designation or 
renewal; or 

(4) there is no reasonable probability the trauma center 
shall be able to remain in compliance with the 
designation rules for the foreseeable future. 

(c) The Office of Emergency Medical Services shall give the 
trauma center written notice of the amendment to the 
designation. This notice shall be given personally or by 
certified mail and shall set forth: 

(1) the length of the probationary designation (not to 
exceed one year); 

(2) the factual allegations; 

(3) the statutes or rules alleged to be violated; and 

(4) notice of the hospital's right to a contested case 
hearing on the amendment of the designation. 

(d) The probationary designation shall be effective 
immediately upon its receipt by the trauma center and shall be 
posted in a prominent location at the primary business location 
of the trauma center, accessible to public view, in lieu of the 
full designation. The probationary designation shall remain in 
effect until: 

(1) the Office of Emergency Medical Services restores 
the trauma center to full designation status; or 

(2) the Office of Emergency Medical Services revokes 



the designation. 

(e) The Office of Emergency Medical Services may revoke 
a trauma center designation whenever the Office of Emergency 
Medical Services finds that the trauma center has substantially 
failed to comply with the provisions of NC General Statute 
13 IE- 162 and the rules adopted under that article and: 

( 1 ) it is not reasonably probable that the trauma center 
can remedy the deficiencies within a reasonable 
length of time; or 

(2) although the trauma center may be able to remedy the 
deficiencies within a reasonable period of time, it is 
not reasonably probable that the trauma center shall 
be able to remain in compliance with designation 
rules for the foreseeable future; or 

(3) the trauma center fails to meet contingencies placed 
upon it at the time of its initial designation or 
renewal ; or 

(4) failure to comply endangers the health, safety or 
welfare of the patients cared for in the trauma center. 

(f) The Office of Emergency Medical Services may revoke 
a trauma center designation whenever it finds that the trauma 
center fails to resolve issues that resulted in a voluntary 
withdrawal of the designation. 

(g) The issuance of a probationary designation is not a 
procedural prerequisite to the revocation of a designation 
pursuant to Subparagraph (e) of this Rule. 

(h) With the Office of Emergency Medical Services' 
approval, a trauma center may voluntarily withdraw its 
designation for a maximum of one year by submitting a written 
request. This request shall include the reasons for withdrawal 
and a plan for resolution of the issues. To reactivate the 
designation, the facility shall provide written documentation of 
compliance that is acceptable to the Office of Emergency 
Medical Services. Voluntary withdrawal shall not affect the 
original expiration date of the trauma center's designation. 

(i) In the event of a revocation or voluntary withdrawal, the 
Office of Emergency Medical Services shall provide written 
notification to all hospitals and Emergency Medical Services 
providers within the regional trauma network. The Office of 
Emergency Medical Services shall provide written notification 
to same if, and when, the voluntary withdrawal reverts to full 
designation. 

History Note: Authority G.S. 131E-162; 
Eff. Aug ust 1. 1998. 

SECTION .2300 - TRAUMA SYSTEM DESIGN 

.2303 REGIONAL TRAUMA SYSTEM POLICY 
DEVELOPMENT 

The RAC shall oversee the development f"f the regional 
trauma system to include: 

( 1 ) public information and education programs to include 
system access and injury prevention; 

(2) written trauma system protocols to address the 
following: 

(A) dispatch 



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February 16, 1998 



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APPROVED RULES 



(B) triage and treatment at the scene and in the 
emergency department and shall include: 

(i) Priority selection (for treatment and 
transport decisions) based upon 
anatomic, physiologic, and mechanism 
of injury factors; and 

(ii) Guidelines to facilitate the rapid 
assessment and initial resuscitation of 
the severely injured patient including 
primary and secondary survey. Criteria 
addressing management during 
transport should include continued 
assessment and management of airway, 
cervical spine, breathing, circulation, 
neurologic and secondary parameters, 
communication and documentation. 

(C) transport and treatment which shall address: 

(i) guidelines to determine the appropriate 
mode of transport and level of care 
required to transport, considering 
patient condition, requirement for 
trauma center resources, family 
requests and capability of transferring 
entity, 
(ii) criteria addressing management during 
transport, to include continued 
assessment and stabilization of airway, 
cervical spine, breathing, circulation, 
neurologic and secondary parameters, 
medication protocols, communication 
and documentation. 

(D) bypass procedures which define: 

(i) patient identification and selection 
based on anatomic, physiologic and 
mechanism of injury factors; 
(ii) circumstances and criteria for bypass 

decisions; 
(iii) time and distance criteria; and 
(iv) helicopter or ground unit use for 
transports which bypass closer 
facilities. 

(E) diversion procedures which shall include 
delineation of specific factors such as hospital 
census and/or acuity, physician availability, 
staffing issues, disaster status, or 
transportation which would require routing of 
a patient to another trauma center. A plan to 
assist referring hospitals in locating care for 
the diverted patient shall be outlined and a 
system to track diversions shall be maintained. 

(3) transfer agreements (to include those with other 
hospitals, as well as specialty care facilities such as 
bum, pediatrics, spinal cord and rehabilitation) 
which shall outline mutual understandings between 
facilities to transfer/accept certain patients. These 
shall specify responsible parties, documentation 
requirements and minimum care requirements. 



History Note: Authority G.S. 131E-162; 
Eff. Aug ust 1. 1998. 

CHAPTER 3 - FACILITY SERVICES 

SUBCHAPTER 3R - CERTIHCATE OF NEED 
REGULATIONS 

SECTION .3000 - PLANNING POLICIES AND NEED 
DETERMINATIONS 

.3055 REALLOCATIONS ANT) ADJUSTMENTS 

(a) REALLOCATIONS. 

(1) Reallocations shall be made only to the extent that 
need determinations in 10 NCAC 3R .3057 through 
.3079 indicate that need exists after the inventories 
are revised and the need determinations are 
recalculated. 

(2) Beds or services which are reallocated once in 
accordance with this Rule shall not be reallocated 
again. Rather, the Medical Facilities Planning 
Section shall make any necessary changes in the next 
annual State Medical Facilities Plan. 

(3) Dialysis stations that are withdrawn, relinquished, 
not applied for or decertified shall not be reallocated. 
Instead, any necessary redetermination of need shall 
be made in the next scheduled publication of the 
Semiannual Dialysis Report. 

(4) Appeals of Certificate of Need Decisions on 
Applications. Need determinations of beds or 
services for which the CON Section decision has 
been appealed shall not be reallocated until the appeal 
is resolved. 

(A) Appeals Resolved Prior to August 17: If an 
appeal is resolved in the calendar year prior to 
August 17, the beds or services shall not be 
reallocated by the CON Section; rather the 
Medical Facilities Planning Section shall make 
the necessary changes in the next annual State 
Medical Facilities Plan. 

(B) Appeals Resolved on or After August 17: If 
the appeal is resolved on or after August 1 7 in 
the calendar year, the beds or services, except 
for dialysis stations, shall be made available 
for a review period to be determined by the 
CON Section, but beginning no earlier than 60 
days from the date that the appeal is resolved. 
Notice shall be mailed by the Certificate of 
Need Section to all persons on the mailing list 
for the State Medical Facilities Plan, no less 
than 45 days prior to the due date for receipt 
of new applications. 

(5) Withdrawals and Relinquishments. Except for 
dialysis stations, a need determination for which a 
certificate of need is issued, but is subsequently 
withdrawn or relinquished, is available for a review 
period to be determined by the Certificate of Need 



1541 



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12:16 



APPROVED RULES 



Section, but beginning no earlier than 60 days from: 

(A) the last date on which an appeal of the notice 
of intent to withdraw the certificate could be 
filed if no appeal is filed, 

(B) the date on which an appeal of the withdrawal 
is finally resolved against the holder, or 

(C) the date that the Certificate of Need Section 
receives from the holder of the certificate of 
need notice that the certificate has been 
voluntarily relinquished. 

Notice of the scheduled review period for the 
reallocated services or beds shall be mailed by the 
Certificate of Need Section to all persons on the 
mailing list for the State Medical Facilities Plan, no 
less than 45 days prior to the due date for submittal 
of the new applications. 

(6) Need Determinations for which No Applications are 
Received: 

(A) Services or Beds with Scheduled Review in 
the Calendar Year on or Before September 1 : 
The Certificate of Need Section shall not 
reallocate the services or beds in this category 
for which no applications were received, 
because the Medical Facilities Plaiming 
Section will have sufficient time to make any 
necessary changes in the determinations of 
need for these services or beds in the next 
armual State Medical Facilities Plan. 

(B) Services or Beds with Scheduled Review in 
the Calendar Year After September 1 : A need 
determination in this category for which no 
application has been received by the last due 
date for submittal of applications shall be 
available to be applied for in the second 
Category I review period in the next calendar 
year for the applicable HSA. Notice of the 
scheduled review period for the reallocated 
beds or services shall be mailed by the 
Certificate of Need Section to all persons on 
the mailing list for the State Medical Facilities 
Plan, no less than 45 days prior to the due 
date for submittal of new applications. 

(7) Need Determinations not Awarded because 
Application Disapproved. 

(A) Disapproval in the Calendar Year prior to 
August 17: Need determinations or portions 
of such need determinations for which 
applications were submitted but disapproved 
by the Certificate of Need Section before 
August 17, shall not be reallocated by the 
Certificate of Need Section. Instead the 
Medical Facilities Planning Section shall make 
the necessary changes in the next annual State 
Medical Facilities Plan, if no appeal is filed. 

(B) Disapproval in the Calendar Year on or After 
August 17: Need determinations or portions 
of such need determinations for which 



applications were submitted but disapproved 
by the Certificate of Need Section on or after 
August 17, shall be reallocated by the 
Certificate of Need Section, except for dialysis 
stations. A need in this category shall be 
available for a review period to be determined 
by the Certificate of Need Section but 
beginning no earlier than 95 days from the 
date the application was disapproved, if no 
appeal is filed. Notice of the scheduled 
review period for the reallocation shall be 
mailed by the Certificate of Need Section to 
all persons on the mailing list for the State 
Medical Facilities Plan, no less than 80 days 
prior to the due date for submittal of the new 
applications. 
(8) Reallocation of Decertified ICF/MR Beds. If an 
ICF/MR facility's Medicaid certification is 
relinquished or revoked, the ICF/MR beds in the 
facility shall be reallocated by the Department of 
Human Resources, Division of Facility Services, 
Medical Facilities Planning Section pursuant to the 
provisions of the following Sub-parts. The 
reallocated beds shall only be used to convert five- 
bed ICF/MR facilities into six-bed facilities. 

(A) If the number of five-bed ICF/MR facilities in 
the mental health planning region in which the 
beds are located equals or exceeds the number 
of reallocated beds, the beds shall be 
reallocated solely within the planning region 
after considering the recommendation of the 
Regional Team of Developmental Disabilities 
Services Directors. 

(B) If the number of five-bed ICF/MR facilities in 
the mental health planning region in which the 
beds are located is less than the number of 
reallocated beds, the Medical Facilities 
Planning Section shall reallocate the excess 
beds to other planning regions after 
considering the recommendation of the 
Developmental Disabilities Section in the 
Division of Mental Health, Developmental 
Disabilities, and Substance Abuse Services. 
The Medical Facilities Planning Section shall 
then allocate the beds among the planning 
areas within those planning regions after 
considering the recommendation of the 
appropriate Regional Teams of Developmental 
Disabilities Services Directors. 

(C) The Department of Human Resources, 
Division of Facility Services, Certificate of 
Need Section shall schedule reviews of 
applications for these beds pursuant to 
Subparagraph (a)(5) of this Rule. 

(b) CHANGES IN NEED DETERMINATIONS. 
(1) The need determinations in 10 NCAC 3R .3057 
through .3079 shall be revised continuously 



12:16 



NORTH CAROLINA REGISTER 



February 16, 1998 



1542 



APPROVED RULES 



to the Medical 
However, need 



throughout the calendar year to reflect all changes in 
the inventories of: 

(A) the health services listed at G.S. 131E- 
I76(16)f; 

(B) health service facilities; 

(C) health service facility beds; 

(D) dialysis stations; 

(E) the equipment listed at G.S. 131E-I76(16)fl; 
and 

(F) mobile medical equipment; 
as those changes are reported 
Facilities Planning Section, 
determinations in 10 NCAC 3R .3057 through .3079 
shall not be reduced if the relevant inventory is 
adjusted upward 30 days or less prior to the first day 
of the applicable review period. 

(2) Inventories shall be updated to reflect: 

(A) decertification of home health agencies or 
offices, intermediate care facilities for the 
mentally retarded, and dialysis stations; 

(B) delicensure of health service facilities and 
health service facility beds; 

(C) demolition, destruction, or decommissioning 
of equipment as listed at G.S. 131E-176(16)fl 
and s; 

(D) elimination or reduction of a health service as 
listed at G.S. 131E-176(16)f; 

(E) psychiatric beds licensed pursuant to G.S. 
131E-184(c); 

(F) certificates of need awarded, relinquished, or 
withdrawn, subsequent to the preparation of 
the inventories in the State Medical Facilities 
Plan; and 

(G) corrections of errors in the inventory as 
reported to the Medical Facilities Planning 
Section. 

(3) Any person who is interested in applying for a new 
institutional health service for which a need 
determination is made in 10 NCAC 3R .3056 
through .3079 may obtain information about updated 
inventories and need determinations from the 



Medical Facilities Planning Section. 
(4) Need determinations resulting from changes in 
inventory shall be available for a review period to be 
determined by the Certificate of Need Section, but 
beginning no earlier than 60 days from the date of 
the action identified in Paragraph (b) of this Rule. 
Notice of the scheduled review period for the need 
determination shall be mailed by the Certificate of 
Need Section to all persons on the mailing list for the 
State Medical Facilities Plan, no less than 45 days 
prior to the due date for submittal of the new 
applications. 

History Note: Authority G.S. 131E-176(25); 131E-177(1); 

131E-183(b); 

Temporary Adoption Eff. January 2, 1997; 

See History Note to 10 NCAC 3R .3060 and North Carolina 

Register. 12:06 NCR 483 - 487: 

Eff. August 1. 1998. 

.3060 OPEN HEART SURGERY SERVICES NEED 
DETERMINATIONS (REVIEW CATEGORY H) 

It is determined that there is a need for additional open heart 
surgery services from any hospital which acquired a heart-lung 
bypass machine prior to March 18, 1993 and which, 
nevertheless, is unable to use such machine in the provision of 
open heart surgery services because the hospital does not have 
a certificate of need authorizing it to provide open heart surgery 
services. It is further determined that the citizens served by, 
and residing in the general service areas of, such hospitals have 
a need for such additional open heart surgery services. These 
needs exist despite the capacity to provide open heart surgery 
services of any other hospital or hospitals in the State. There 
is no other need for additional open heart surgery services. 

History Note: Authority G.S. 1 31 E-1 76(25); 131E-177(1); 

1 31 E- 183(b): 

Temporary Adoption Eff. January 2, 1997; 

Temporary Amendment Eff. September 1, 1997; 

Eff. August 1. 1998; 



[But see the Order for Preliminary Injunction (captioned and quoted in part below) issued by Superior Court Judge Howard E. 
Manning. Jr. on September 5, 1997 and the text of the temporary rule .3060 as published in the North Carolina Register, 12:06 
NCR 483 - 485.] .3060 OPEN HEART SURGERY SERVICES NEED DETERMINATIONS (REVIEW CATEGORY H) 
Because over 9 5% of all of the citizet i s ofNortli Carolina live within 45 miles of one or more open hear t surgeiy sen ' ices; because 
the preponderance of clinical research on open hear t surgeiy setrices indicates that there is a positive relationship between the 
number of pivcedures perfonned by a surgical operating team at i d the percent of good patient outcomes resulting from the surgeiy. 
and because the benefits of greater geogmphic access do not ounveigli the adverse affects caused by the duplication of existing open 
hear t surgeiy senices and the resulting dea - ease in the number of pivcedures the surgical operating team of this seirice would 
peifonii. it is therefore determined that there is no need for additional open heai t surgeiy sen - ices. 

U is determined that there is a need for additional open heart surgery services from any hospital which acquired a heart-lung 
bypass machine prior to March 18. 1993 and which, nevertheless. i_s unable t_o use such machine in the provision of open heart 
surgery senices because the hospital does not have a certificate of need authorizing it to provide open heart surgery senices. h 
is further determined that the citizens sened by. and residing in the general senice areas of such hospitals have a need for such 
additional open heart surgery senices. Tliese needs exist despite the capacity to provide open heart surgery senices of any other 
hospital or hospitals [n rjie State. For the reasons set out in tjie 1997 State Medical Facilities Plan, there is iio other need for 



1543 



NORTH CAROLINA REGISTER 



February 16, 1998 



12:16 



APPROVED RULES 



additional open heart siirgen services. 
NORTH CAROLINA 
WAKE COUNTY 



IN THE GENERAL COURT OF JUSTICE 
SUPERIOR COURT DIVISION 

97 CVS 9708 



FRYE REGIONAL MEDICAL CENTER, 
INC., 

Plaintiff, 



JAMES B. HUNT, JR., 

H. DAVID BRUTON, JR., SECRETARY OF 

THE NORTH CAROLINA DEPARTMENT 

OF HUMANRESOURCES, and NORTH 

CAROLINA DEPARTMENT OF HUMAN 

RESOURCES, 

Defendants, 

and 

CATAWBA MEMORIAL HOSPITAL, 

Intervenor-Defendant. 



[The ordered portion is quoted below] 

WHEREFORE, it is hereby ORDERED. ADJUDGED AND DECREED that: 

L The effectiveness of the Governor's amendments to the State Medical Facilities Plan be and the same hereby is 

suspended and the Defendants Hunt, Bruton and the Department are hereby enjoined from applying, implementing, or taking any 
action whatsoever based upon the amendments or giving them any effect whatsoever, pending resolution of this case; 

2. The amendments to the SMFP respecting the CON review schedules made by the Department and Governor be 
and the same hereby are suspended and the Defendants Hunt, Bruton and the Department are hereby enjoined from applying, 
implementing, or taking any action whatsoever based upon the amendments or giving them any effect whatsoever, pending the 
resolution of this case; 

3. The pre-existing pro\isions of the 1997 SMFP setting forth the need determination regarding open heart surgery 
services be and the same are hereby reinstated, pending the resolution of this case; 

4. The special review criteria in effect prior to the July 23, 1997 amendments shall remain in effect as if the 
memorandum and amendment from the Governor had not been issued, pending the resolution of this case; 

5. As the Department was represented herein pursuant to G.S. 150B-21.1 (c), any temporary rule, implementing the 
Governor's amendment, is hereby suspended and shall be given no effect and the pre-existing 1997 temporary rule shall remain 
in effect as written prior to the Governor's amendment, pending the resolution of this case. 

The sole basis of my determination is my conclusion that the Governor has no authority, as matter of law, to amend the SMFP. 
I specifically do not reach the other factual and legal issues raised by the parties. 

i It is further ORDERED that no security is required of Fry e during the pendency of this Order. 

Further, pursuant to G.S. 1-277 and 7A-27 and Rule 54(b) of the Rules of Civil Procedure, because this action raises 



12:16 



NORTH CAROLINA REGISTER 



February 16, 1998 



1544 



APPROVED RULES 



issues of first impression and the conclusion of law reached by the court herein in effect determines the action, I hereby certify this 
Order for immediate appeal by the Defendants to the North Carolina Court of Appeals because there is no just reason for delay 
and substantial rights of all parties are affected. 

Finalh; the Governor 's Memorandum purports to provide Catawba with a window of opportunity to file a certificate of 
need application for open heart surgery services in 1997. If this Order is overturned on appeal, and it is ultimately found that the 
Governor properly amended the SMFP, the effect of this Order would be to deny Catawba the opportunity to have the Department 
consider its certificate of need application because of the passage of time during the pendency of the appeal. In order to afford 
Catawba that opportunity, it is further ORDERED, pursuant to Ride 62(c) of the North Carolina Rules of Civil Procedure, that 
the effect of this preliminary injunction be suspended during the pendency of Defendants ' appeal of the Order. However, if this 
Court's conclusion of law as to the Governor's lack of authority is upheld, any such application will cjntinue to be subject to the 
provisions of the SMFP in effect prior to the Governor's amendment. In the event that Defendants do not elect to appeal this 
preliminary injunction, this suspension shall be lifted, and the preliminary injunction shall remain in effect during the pendency 
of this action. The parties do not object to this Order being entered out of term, out of county or out of district. 

SO ORDERED this 5" day of September, 1997. 



s/Howard E. Manning, Jr. 
Superior Court Judge Presiding 
at Raleigh, Wake County 
3:15 p.m. 9/5/97 

.3079 INTERMEDIATE CARE BEDS FOR THE MENTALLY RETARDED NEED DETERMINATION 
(REVIEW CATEGORY C) 

Intermediate Care Beds for the Mentally Retarded. It is determined that the mental health planning areas listed in the following 
table need additional Intermediate Care Beds for the Mentally Retarded ("ICF/MR beds"). The table identifies the number of new 
child and adult ICF/MR beds needed by each of the listed planning areas. These new ICF/MR beds shall only be used to convert 
existing five-bed ICF/MR beds into six-bed facilities. The addition of the sixth bed must result in the reduction of "per client 
costs." There is no need for new ICF/MR facilities or for any additional ICF/MR beds in any other mental health planning areas, 
except as provided in Rule 10 NCAC 3R .3055(a)(8). 



Mental Health Planning Area (Constituent Counties) 


Need 
Determination 




Child 


Adult 


3 (Alleghany, Ashe, Avery, Watauga. Wilkes) 





4 


14 (Forsyth, Stokes) 





2 


16 (Guilford) 





2 


21 (Davidson) 





1 


18 (Orange, Person, Chatham) 





3 


30 (Onslow) 





1 


24 (Cumberland) 





1 


37 (Pitt) 





1 



History Note: Authority G.S. 131E-176(25); 131E-177(1); 1 31 E-1 83(b); 
Temporary- Adoption Eff. January 2, 1997; 
Eff. August 1. 1998. 



TITLE 13 - DEPARTMENT OF LABOR 



1545 



NORTH CAROLINA REGISTER 



February 16, 1998 



12:16 



APPROVED RULES 



ClIAmKR 7 - OFKICK OK OCX UI'A I lONAI. SAI i: I Y AND IIKAI/I II 

SUBCHAIMIR 7A - (JKNKRAL RULKS AND OI'KRATIONAL I'ROCI.DURKS 

SKCnON .0300 - PROCKDURKS 

.0302 COPIKS AVAILABLK 

Copies of the applicable Code of Federal Regulations (CFR) Paris or sections and industry standards referred to in liiis (liapter 
arc available for public inspection by contacting the North Carohna Deparlmeni of Labor (NCDOL), Division of (Jccu|)ational 
Safety and Health or the NCDOL Library. The following table provides acquisition locations and the costs of the applicable 
materials on the date that this Rule was adopted: 



RcfcrcngctI Matcriiils 


Available fyr I'urchiJsv From 


Cost 


29 CFR 1903; 29 CFR 1904; 


Division of Occupational Safety and Health 


.$ 1 /page retiucsled 


29 CFR 1905; 29 CFR 1908; 






29 CFR 1913.10 






29 CFR 1910 


Division of Occupational Safety and Health 


.$15.90 each 


29 CFR 1915, 29 CFR 1917 


Division of Occupational Safety and Health 


Single Copy: Free 


29 CFR 1926 


Division of Occupational Safety and Health 


$12.72 each 


29 CFR 1928 


Division of Occupational Safety and fleallh 


Single Copy: f-ree 


The above CFR Parts and other 


U.S. Government Printing Office 


$34.0()/Part 


CFR Parts 


Washington, DC. 20402 
(202) 512 1800 




ANSI/NFPA 101-1991 


National Fire Protection Association 
1 Batterymarch Park 
Quincy, Massachusetts 02269 
(617) 770-3000 


$44.50 each 


ANSI standards 


American National Standards Institute 


B3().9: $100 




1 1 West 42nd Street 


Z9.2: $ 55 




New York, New York 10036 


Z4I.I: $ 40 




(212)642-4900 


Z87.I: $ 35 
Z88.2: $ 50 
Z89.2: $ 35 
Z229.I: $ 45 


Federal Specification QQ-P-416 


Federal Supply Services 
Specification Section 
470 East L' Enfant Pla/.a 
SW Suite 8 KX) 
Washington, DC. 20407 
(202)619-8925 


$7.00 each 


Schedule 30 Bureau of Mines 


24 FR 245 pages 10201 10204, December 17, 1959 






or Division of Occupational Safety and Health 


$ 1 /page requested 



History Note: Authority 95 1 33. I50B 21.6; 
Eff. August 2. 1993; 
Amended Eff. My L I99H. June I. 1994. 



.SKCTION .0700 - RULKS OF PRAC IICK FOR VARIANCFS: IIMII A I IONS: 



12:16 



NORTH CAROLINA REdlSTER 



Eebruary 16, I'J'JH 



1546 



APPROVED RULES 



VARIATIONS: TOLERANCES AND EXEMPTIONS 

.0708 VARIANCES AND OTHER RELIEF UNDER SECTION 95-132(b) 

Application for a Permanent Variance. Any employer, or class of employers, desiring a permanent variance authorized by G.S. 
95- 132(b) of the Act may file a written application with the Commissioner of the Department of Labor containing the information 
specified in 29 CFR 1905.11(b), which is incorporated by reference and shall automatically include any subsequent amendments 
thereto. 

History Note: Authority G.S. 95-132; 95-136; 
Eff. February 1, 1976; 

Amended Eff. June 8, 1977; September 20, 1976; 
Readopted Eff. September 30, 1977; 
Amended Eff. Mx L 1998; May 1, 1994. 

SUBCHAPTER 7F - STANDARDS 

SECTION .0100 - GENERAL INDUSTRY STANDARDS 

.0101 GENERAL INDUSTRY 

The provisions for the Occupational Safety and Health Standards for General Industry, Title 29 of the Code of Federal 
Regulations Part 1910 promulgated as of October 4, 1997, and exclusive of subsequent amendments, are incorporated by reference 
except as follows: 

(1) Subpart H - Hazardous Materials, 29 CFR 1910.120, Hazardous waste operations and emergency response, 
§1910. 120(q)(6) is amended by adding a new level of training: 

"(vi) First responder operations plus level. First responders at operations plus level are individuals who respond to 
hydrocarbon fuel tank leaks where the leaking tanks contain a hydrocarbon fuel which is used to propel the vehicle on 
which the tank is located. Only those vehicles designed for highway use or those used for industrial, agricultural or 
construction purposes are covered. First responders at the operations plus level shall have received at least training equal 
to first responder operations level and, in addition, shall receive training or have had sufficient experience to objectively 
demonstrate competency in the following areas and the employer shall so certify': 

(A) Know how to select and use proper specialized personal protective equipment provided to the first responder at 
operations plus level: 

(B) Understand basic hazardous materials terms as they pertain to hydrocarbon fuels: 

(C) Understand hazard and risk assessment techniques that pertain to gasoline, diesel fuel, propane and other 
hydrocarbon fuels; 

(D) Be able to perform control, containment, or confinement operations for gasoline, diesel fuel, propane and other 
hydrocarbon fuels within the capabilities of the available resources and personal protective equipment; and 

(E) Understand and know how to implement decontamination procedures for hydrocarbon fuels." 

(2) Subpart I -- Personal Protective Equipment -- 29 CFR 1910.132, General requirements, is amended at 29 CFR 
1910.132(b) to read: 

"(b) Equipment. (1) Employer-provided equipment. It is the responsibility of the employer to provide, at no cost to 
the employee, all personal protective equipment which the employee does not wear off the jobsite for use off the job. 
(2) Employee-owned equipment. Where employees provide their own protective equipment, the employer shall be 
responsible to assure its adequacy, including proper maintenance, and sanitation of such equipment." 

(3) Subpart R - Special Industries — incorporation by reference of final rule for 29 CFR 1910.269, Electric Power 
Generation, Transmission, and Distribution, including Appendices A through E, published in 59 FR (January 31, 1994) 
pages 4437 - 4475. all typographical and grammatical corrections to 1910.269 as published in 59 FR (June 30, 1994) 
pages 33660 - 33664, and the amendment to I910.269(g)(2)(i) as published in 59 FR (August 9, 1994) page 40729, 
except that 29 CFR 1910.269(g)(2)(v) is amended to read: 

"(v) Fall arrest equipment, work positioning equipment, or travel restricting equipment shall be used by employees 
working at elevated locations more than 4 feet (1.2 m) above the ground on poles, towers or similar structures if 
other fall protection has not been provided. A fall protection system as defined in 29 CFR 1926, Subpart M - Fall 
Protection, is required to be used by all employees when ascending, descending or changing locations on poles, 
towers or similar structures. However, the use of non-locking snap hooks with any fall protection system is 
prohibited as of July 1, 1995. (Qualified employees may free climb wood poles if the employer can ensure (1) that 
the employee is able to comfortably and safely grip the pole with both hands while climbing, (2) that the pole is 
free from attachments or any configurations of attachments that will materially impair the ability of a qualified 



1547 NORTH CAROLINA REGISTER February 16, 1998 12:16 



APPROVED RULES 



(4) 



employee to sat'eh' tree climb the pole, (3) that the pole is otherwise tree from iinpedimeiiis, contanimaiiis or 
conditions otany t>pe. including hut not limited to ice, high winds or chemical treatments which materially impair 
the ability of a qualified employee to safely free climb the pole, .uid (4) that the emplo\ee is able to climb such 
structures without material physical impairments including over-exertion, lack of sleep or other physical stresses." 
29 CFR 1910.269 as amended above is effective January 1 . 1 W5. except that employers have until July i . I99.S, 
to implement the use of locking snap hooks, and employers have until Jiuiuarv 1 . 199(i. to design and iniplemeni 
a svstem of fall protection for use by employees while ascending, descending or changing locations on towers. 
Also. 29 CFR 1910.269(aH2) rra;m/;^? is effective January 3 1 , 1993, and 29 CFR 1910.269(v)(l l)(.xii) is effective 
February 1, 1996. 

Subpart Z -- Toxic and Hazardous Substances: 

(a) 29 CFR 1910. 1000 Air Contaminants: 



(1) 
(11) 
(iii) 

(IV) 



The equation in 29 CFR 1910, 1000(d)(l)(i) is clarified to read as follows: 



E = (C T^ + CJ, + 



C„T„)/8 



The equation in 29 CFR 1910. 1000(d)(2)(i) is clarified to read as follows: 

E„, = (C,/L,) + (C_,/L,) + . . .(C„/L„) 

The permissible exposure limits as originally published in 54 FR (January 19. 1989) pages 2331-2983 are 

incorporated except as otherwise specified or noted in this Rule. 

Employee exposure to the toxic and hazardous substances listed in the following tables shall be limited to 

the specified values. 



PERMISSIBLE EXPOSLTtE LIMITS FOR AIR CONTAMINANTS 

Footnote (I) Regarding Styrene Only: OSHNC recognizes that the permissible exposure limits for styrene may not be achievable 
solely through engineering and work practice controls for boat-building and operations comparable to boat building. Comparable 
operations are those that (1) employ the manual layup and sprayup process, (2) the manufactured items that utilize the same 
equipment and technology as that found in boat building, and (3) the same considerations of large part size, configuration 
interfering with air-flow control techniques, and resin usage apply. Examples of operations comparable to boat building would 
include the manufacture of large above-ground or below-ground storage tanks, large parts for recreational vehicles, and large duct 
work. Because it is impossible to define in advance every manual layup and sprayup process for which compliance may not be 
feasible solely through engineering and work practice controls, some guidelines concerning part size and configuration issues are 
necessary. The primary question for manual layup and sprayup operations is whether the part's size and configuration interfere 
with normal air-flow techniques. For operations making pans (such as tubs and vanities) that do not meet the guidelines described, 
beginning April 1, 1996, the hierarchy of controls specified in 29 CFR 1910.1000(e) shall apply to reduce styrene exposures to 
the new 50 ppm TWA and 100 ppm STEL. In consequence, the burden of proof shall be on the employer to show that engineering 
and work practice controls are not feasible for specific operations. However, with respect to boat-building operations the burden 
of proof shall be on OSHNC to prove that the level could be attained solely through engineering and work practice controls. 
Footnote (2) Regarding Acrylamide, Carbon Dioxide and Silica only: The federal standards at 29 CFR 1910. 1000 are adopted. 
Footnote (3) Regarding Subtilisins only: PELs for this substance are not adopted. 

TABLE Z-1 -- PERMISSIBLE EXPOSURE LIMITS (PELs) FOR AIR CONTAMINANTS 



Substance 



TWA STEL Ceiling Skin 

CAS # desig- 

ppm mg/m^ ppm mg/m^ ppm mg/m^ nation 



Acetaldehyde 

Acetic acid 

Acetic anhydride 

Acetone 

Acetonitrile 

2-Acetylaminofluorene 

Acetylene dichloride; 

see 1,2-Dichloroeihylene 

Acetylene tetrabromide 



75-07-0 


100 


180 


150 


270 


64-19-7 




see 


1910. 


1000, Table Z-1 


108-24-7 


- 


- 


- 


5 


67-64-1 


750 


1800 


1000 


2400 


75-05-8 


40 


70 


60 


105 


53-96-3 






see 


1910.1014 



20 



79-27-6 



see 1910.1000, Table Z-1 



12:16 



NORTH CAROLINA REGISTER 



February 16, 1998 



1548 



APPROVED RULES 



Substance 



TWA STEL Ceiling Skin 

CAS # desig- 

ppm mg/m^ ppm mg/m^ ppm mg/m^ nation 



Acetylsalicylic acid (Aspirin) 

Acrolein 

Acrylamide 

Acrylic acid 

Acrylonitrile 

Aldrin 

Allyl alcohol 

Allyl chloride 

Allyl glycidyl ether (AGE) 

Allyl propyl disulfide 

alpha-Alumina 

Total dust 

Respirable fraction 
Aluminum metal (as Al) 

Metal 

Total dust 
Respirable fraction 
Aluminum metal (as Al) 

Pyro powders 

Welding fumes 

Soluble salts 

Alkyls 

4-Aminodiphenyl 

2-Aminoethanol; 
see Ethanolamine 

2-Aminopyridine 

Amitrole 

Ammonia 

Ammonium chloride. Fume 

Ammonium sulfamate 

Total dust 

Respirable fraction 

n-Amyl acetate 

sec-Amy\ acetate 

Aniline and homologs 

Anisidine (o-, p-isomers) 

Antimony and compounds (as 
Sb) 

ANTU (a/p/ia-Naphthyl- 
thiourea) 



50-78-2 

107-02-8 

79-06-1 

79-10-7 

107-13-1 

309-00-2 

107-18-6 

107-05-1 

106-92-3 

2179-59-1 

1344-28-1 



7429-90-5 



7429-90-5 



92-67-1 



504-29-0 

61-82-5 

7664-41-7 

12125-02-9 

7773-06-0 



628-63-7 

626-38-0 

62-53-3 

29191-52-4 

7440-36-0 

86-88-4 



5 
0.1 0.25 0.3 0.8 

see 1910.1000, Table Z-1 
10 30 

see 1910.1045 
see 1910.1000, Table Z-1 
2 5 4 10 - 

1 3 2 6- 
5 22 10 44 

2 12 3 18 

10 
5 



see 1910.1000, 


Table Z-1 


see 1910.1000, 

5 
5 

2 
2 

see 1910. 


Table Z-1 


1011 



see 1910.1000, Table Z-1 



0.2 

10 

10 
5 



35 



27 
20 



see 1910.1000, Table Z-1 
see 1910.1000, Table Z-1 
8 

see 1910.1000, Table Z-1 
see 1910.1000, Table Z-1 

see 1910.1000, Table Z-1 



( 



( 



1549 



NORTH CAROLINA REGISTER 



February 16, 1998 



12:16 



APPROVED RULES 



Substance 


CAS# 


Arsenic, inorganic cmpds 
(as As) 


Varies with 
compound 


Arsenic, organic cmpds (as As) 


7440-38-2 


Arsine 


7784-42-1 


Asbestos 




Atrazine 


1912-24-9 


Azinphos-methyl 


86-50-0 


Barium, 

soluble compounds (as Ba); 


7440-39-3 


Barium sulfate 


7727-43-7 


Total dust 




Respirable fraction 




Benomyl 


17804-35-2 


Total dust 




Respirable fraction 




Benzene 


71-43-2 


Benzidine 


92-87-5 


p-Benzoquinone; see Quinone 




Benzo(a)pyrene; 

see Coal tar pitch volatiles 




Benzoyl peroxide 


94-36-0 


Benzyl chloride 


100-44-7 


Beryllium and beryllium 
compounds (as Be); 


7440-41-7 


Biphenyl; see Diphenyl 




Bismuth telluride 


1304-82-1 


Se-doped 




Bismuth telluride 


1304-82-1 


Undoped 




Total dust 




Respirable fraction 




Borates, tetra, sodium salts 




Anhydrous 


1330-43-4 


Decahydrate 


1303-96-4 


Pentahydrate 


12179-04-3 


Boron oxide 


1303-86-2 


Total dust 




Respirable fraction 




Boron tribromide 


10294-33-4 



TWA STEL Ceiling Skin 

desig- 
ppm mg/m^ ppm mg/m^ ppm mg/m^ nation 



see 1910.1018 

see 1910.1000, Table Z-1 
see 1910.1000, Table Z-1 

see 1910.1001 
5 

see 1910.1000, Table Z-1 
see 1910.1000, Table Z-1 



10 - - - - - 

5 .. .. .. .. „ 

10 - - - - - 

5 „ - „ .- -. 

See 1910.1028 
See 1910.1000 Table Z-2 for limits applicable in the 
operations or sectors excluded in 1910.1028 

see 1910.1010 



see 1910.1000, Table Z-1 

see 1910.1000, Table Z-1 

0.002 - 0.005 - 0.025 

(30 min) 



see 1910.1000, 


Table Z-1 


see 1910.1000, 


Table Z-1 


10 


__ 


10 


- 


10 


- 


10 


— 


5 


-_ 



10 



12:16 



NORTH CAROLINA REGISTER 



February 16, 1998 



1550 



APPROVED RULES 



TWA 



STEL 



Substance 



CAS# 



Ceiling 



Skin 
desig- 



ppm mg/m' ppm mg/m^ ppm mg/m^ nation 



Boron trifluoride 

Bromacil 

Bromine 

Bromine pentafluoride 

Bromoform 

Butadiene (1,3 -Butadiene) 

Butane 

Butanethiol; 

see Butyl mercaptan 

2-Butanone 

(Methyl ethyl ketone) 

2-Butoxyethanol 

«-Butyl acetate 

5ec-Butyl acetate 

/err-Butyl acetate 

Butyl acrylate 

«-Butyl alcohol 

5ec-Butyl alcohol 

/err-Butyl alcohol 

Butylamine 

re/t-Butyl chromate (as CrOj) 

«-Butyl glycidyl ether (BGE) 

«-Butyl lactate 

Butyl mercaptan (Butanethiol) 

o-sec-Butylphenol 

;7-/err-Butyltoluene 

Cadmium, fume and dust (as 
Cd) 

Calcium carbonate 

Total dust 

Respirable fraction 
Calcium cyanamide 
Calcium hydroxide 
Calcium oxide 
Calcium silicate 

Total dust 

Respirable fraction 
Calcium sulfate 

Total dust 

Respirable fraction 



7637-07-2 




see 1910.1000, Table Z-1 


314-40-9 


1 


10 


7726-95-6 


0.1 


0.7 0.3 2 


7789-30-2 


0.1 


0.7 


75-25-2 




see 1910.1000, Table Z-1 


106-99-0 




see 1910.1051; 1910.19(1) 


106-97-8 


800 


1900 



78-93-3 



156-62-7 
1305-62-0 
1305-78-8 
1344-95-2 



7778-18-9 



200 



590 



300 



885 



111-76-2 


25 


120 


- 


123-86-4 


150 


710 


200 950 


105-46-4 




see 


1910.1000, Table Z-1 


540-88-5 




see 


1910.1000, Table Z-1 


141-32-2 


10 


55 


- 


71-36-3 


- 


- 


50 


78-92-2 


100 


305 


- 


75-65-0 


100 


300 


150 450 


109-73-9 




see 


1910.1000, Table Z-1 


1189-85-1 




see 


1910.1000, Table Z-1 


2426-08-6 


25 


135 


- 


138-22-7 


5 


25 


- 


109-79-5 


0.5 


1.5 


- 


89-72-5 


5 


30 


- 


98-51-1 


10 


60 


20 120 


7440-43-9 






see 1910.1027 


1317-65-3 









see 1910.1000, Table Z-1 
see 1910.1000, Table Z-1 



0.5 
5 



see 1910.1000, Table Z-1 

see 1910.1000, Table Z-1 
see 1910.1000, Table Z-1 

see 1910.1000, Table Z-1 
see 1910.1000, Table Z-1 



{ 



150 



7557 



NORTH CAROLINA REGISTER 



February 16, 1998 



12:16 



APPROVED RULES 



TWA 



STEL 



Substance 



CAS# 



Ceiling 



Skin 
desig- 



ppm mg/m^ ppm mg/m^ ppm mg/m' nation 



Camphor, synthetic 
Caprolactam 

Dust 

Vapor 
Captafol (Difolatan®) 
Captan 

Carbaryl (Sevin®) 
Carbofuran (Furadan®) 
Carbon black 
Carbon dioxide 
Carbon disulfide 
Carbon monoxide 
Carbon tetrabromide 
Carbon tetrachloride 
Carbonyl fluoride 
Catechol (Pyrocatechol) 
Cellulose 

Total dust 

Respirable fraction 

Cesium hydroxide 

Chlordane 

Chlorinated camphene 

Chlorinated diphenyl oxide 

Chlorine 

Chlorine dioxide 

Chlorine trifluoride 

Chloroacetaldehyde 

a-Chloroacetophenone 
(Phenacyl chloride) 

Chloroacetyl chloride 

Chlorobenzene 

o-Chlorobenzylidene 
malononitrile 

Chlorobromomethane 

2-Chloro- 1 , 3-butadiene ; 
see i>e/a-Chloroprene 

Chlorodifluoromethane 

Chlorodiphenyl (42% Chlorine) 
(PCB) 

Chlorodiphenyl (54% Chlorine) 
(PCB) 



76-22-2 
105-60-2 



21351-79-1 

57-74-9 

8001-35-2 

55720-99-5 

7782-50-5 

10049-04-4 

7790-91-2 

107-20-0 

532-27-4 

79-04-9 

108-90-7 

2698-41-1 

74-97-5 



75-45-6 
53469-21-9 

11097-69-1 



0.5 
0.1 



0.05 



see 1910.1000, Table Z-1 



1 

20 



10 



3 
40 



2425-06-1 


- 


0.1 


~ 


- 


133-06-2 


- 


5 


- 


- 


63-25-2 




see 


1910.1000, 


Table Z-1 


1563-66-2 


- 


0.1 


- 


- 


1333-86-4 




see 


1910.1000. 


Table Z-1 


124-38-9 




see 


1910.1000, 


Table Z-1 


75-15-0 


4 


12 


12 


36 


630-08-0 


35 


40 


- 


- 200 


558-13-4 


0.1 


1.4 


0.3 


4 


56-23-5 


T 
^ 


12.6 


- 


- 


353-50-4 




5 


5 


15 


120-80-9 


5 


20 


- 


- 


9004-34-6 














see 


1910.1000, 


Table Z-1 






see 


1910.1000, 


Table Z-1 



see 1910.1000, Table Z-1 

0.5 - 1 

see 1910.1000, Table Z-1 

1.5 1 3 - 

0.3 0.3 0.9 

see 1910.1000, Table Z-1 
see 1910.1000, Table Z-1 
see 1910.1000, Table Z-1 



0.2 



see 1910.1000, Table Z-1 
- 0.05 

see 1910.1000, Table Z-1 



1000 3500 



see 1910.1000, Table Z-1 



see 1910.1000, Table Z-1 



229 



0.4 



12:16 



NORTH CAROLINA REGISTER 



February 16, 1998 



1552 



APPROVED RULES 



Substance 



TWA STEL Ceiling Skin 

CAS # ^ desig- 

ppm mg/m' ppm mg/m' ppm mg/m^ nation 



l-Chloro-2,3-epoxypropane; 
see Epichlorohydrin 

2-Chloroethanol; 

see Ethylene chlorohydrin 

Chloroethylene; 
see Vinyl chloride 

Chloroform (Trichloromethane) 

bis(Chloromethyl) ether 

Chloromethyl methyl ether 

1 -Chloro- 1 -nitropropane 

Chloropentafluoroethane 

Chloropicrin 

ftera-Chloroprene 

o-Chlorostyrene 

o-Chlorotoluene 

2-Chloro-6-trichloromethyl 
pyridine 

Total dust 

Respirable fraction 

Chlorpyrifos 

Chromic acid and chromates 
(as CrOj) 

Chromium (II) compounds 
(as Cr) 

Chromium (III) compounds 
(asCr) 

Chromium metal and 
insoluble salts (as Cr) 

Chrysene; 
see Coal tar pitch volatiles 

Clopidol 

Total dust 

Respirable fraction 

Coal dust (less than 5% SiO,), 
Respirable quartz fraction 

Coal dust (greater than or equal 
to 5% SiO,), 
Respirable quartz fraction 

Coal tar Pitch volatiles 

(benzene soluble fraction), 
anthracene, BaP, 
phenanthrene, acridine, 
chrysene, pyrene 



67-66-3 


2 


9.78 


- 


542-88-1 






see 1910.1008 


107-30-2 






see 1910.1006 


600-25-9 


2 


10 


- 


76-15-3 


1000 


6320 


- 


76-06-2 




see 


1910.1000, Table Z-1 


126-99-8 


10 


35 


- 


2039-87-4 


50 


285 


75 430 


95-49-8 


50 


250 


- 


1929-82-4 












see 


1910.1000, Table Z-1 






see 


1910.1000, Table Z-1 



2921-88-2 

Varies with 
compound 

Varies with 
compound 

Varies with 
compound 

7440-47-3 
218-01-9 

2971-90-6 



8007-45-2 



0.2 



see 1910.1000, Table Z-1 



see 1910.1000, Table Z-1 



see 1910.1000, Table Z-1 



see 1910.1000, Table Z-1 
see 1910.1000, Table Z-1 
see 1910.1000, Table Z-3 



see 1910.1000, Table Z-3 
see 1910.1000, Table Z-1 



0.1 



i 



1553 



NORTH CAROLINA REGISTER 



February 16, 1998 



12:16 



APPROVED RULES 



Substance 



TWA STEL Ceiling Skin 

CAS # desig- 

ppm mg/m' ppm mg/m^ ppm mg/m' nation 



Cobalt metal, dust, and fume 
(as Co) 

Cobalt carbonyl (as Co) 

Cobalt hydrocarbonyl (as Co) 

Coke oven emissions 

Copper 

Fume (as Cu) 

Dusts and mists (as Cu) 
Cotton dust (raw) 
Crag herbicide (Sesone), 

Total dust 

Respirable fraction 
Cresol, all isomers 



Crotonaldehyde 

Crufomate 
Cumene 
Cyan amide 
Cyanides (as CN) 

Cyanogen 

Cyanogen chloride 

Cyclohexane 

Cyclohexanol 

Cyclohexanone 

Cyclohexene 

Cyclohexylamine 

Cyclonite (RDX) 

Cyclopentadiene 

Cyclopentane 

Cyhexatin 

2,4-D (Dichlorophenoxy acetic 
acid) 

Decaborane 

Demeton (Systox®) 

DDT; see Dichlorodiphenyl- 
trichloroethane 



7440-48-4 

10210-68-1 
16842-03-8 

7440-50-8 



136-78-7 



1319-77-3 

95-48-7 

108-39-4 

106-44-5 

123-73-9 

4170-30-3 

299-86-5 

98-82-8 

420-04-2 

Varies with 
compound 

460-19-5 

506-77-4 

110-82-7 

108-93-0 

108-94-1 

110-83-8 

108-91-8 

121-82-4 

542-92-7 

287-92-3 

13121-70-5 

94-75-7 

17702-41-9 
8065-48-3 



10 

50 

25 

10 
600 



0.05 



0.05 
0.1 
0.1 



see 1910.1029 



see 1910.1000, Table Z-1 

see 1910.1000, Table Z-1 

see 1910.1043; 1910.1000, Table Z-1 



10 
5 
see 1910.1000, 


— 


Table Z-1 


see 1910.1000, 


Table Z-1 


see 1910.1000, 


Table Z-1 


see 1910.1000, 


Table Z-1 


see 1910.1000, 


Table Z-1 


see 1910.1000, 


Table Z-1 



see 1910.1000, Table Z-1 

2 

5 



20 



0.3 



see 1910.1000, Table Z-1 



200 
100 



see 1910.1000, Table Z-1 



40 
1.5 



see 1910.1000, Table Z-1 
1720 
5 
see 1910.1000, Table Z-1 

0.3 0.15 0.9 

see 1910.1000, Table Z-1 



X 



0.6 



X 

X 



12:16 



NORTH CAROLINA REGISTER 



February 16, 1998 



1554 



APPROVED RULES 



Substance 



TWA STEL Ceiling Skin 

CAS# ^ ^ ^ desig- 

ppm mg/m' ppm mg/m' ppm mg/m' nation 



DDVP; see Dichlonos 

Diacetone alcohol 123-42-2 

(4-Hydroxy-4-methyl-2- 
pentanonej 

1,2-Diaininoethane; see 
Ethylenediamine 

Diazinon 333-41-5 

Diazomethane 334-88-3 

Diborane 19287-45-7 

l,2-Dibromo-3-chloropropane 96-12-8 

(DBCP) 

1 .2-Dibromoethane; 

see Ethylene dibromide 



see 1910.1000, Table Z-1 



0.1 



see 1910.1000, Table Z-1 

see 1910.1000. Table Z-1 

see 1910.1044 



2-iV-Dibutylaminoethanol 


102-81-8 


-> 


14 


Dibutyl phosphate 


107-66-4 


1 


5 2 10 - 


Dibutyl phthalate 


84-74-2 




see 1910.1000, Table Z-1 


Dichloroacetylene 


7572-29-4 


- 


0.1 


o-Dichlorobenzene 


95-50-1 




see 1910.1000. Table Z-1 


;?-Dichlorobenzene 


106-46-7 


75 


450 110 675 


3,3' -Dichlorobenzidme 


91-94-1 




see 1910.1007 


Dichlorodifluoromethane 


75-71-8 




see 1910.1000. Table Z-1 


l,3-Dichloro-5,5-dimethyl 


118-52-5 






hydantoin 




- 


0.2 - 0.4 


Dichlorodiphenyltrichloroethane 


50-29-3 




see 1910.1000, Table Z-1 


(DDT) 








l.l-Dichloroethane 


75-34-3 




see 1910.1000, Table Z-1 



1,2-Dichloroethane; 

see Ethylene dichloride 

1 ,2-Dichloroethylene 

Dichloroethyl ether 

Dichloromethane; 

see Methylene chloride 

Dichloromonofluoromethane 

1 , 1 -Dichloro- 1 -nitroethane 

1 ,2-Dichloropropane: 

see Propylene dichloride 

1 ,3-Dichloropropene 

2,2-Dichloropropionic acid 

Dichlorotetrafluoroethane 

Dichlor\os (DD\T) 

Dicrotophos 

Dicyclopentadiene 



540-59-0 
111-44-4 



75-43-4 
594-72-9 



see 1910.1000, Table Z-1 
30 10 60 



40 
10 



542-75-6 


1 




5 


75-99-0 


1 




6 


76-14-2 






see 1910.1000, Table Z-1 


62-73-7 






see 1910.1000, Table Z-1 


141-66-2 


- 





25 


77-73-6 


5 




30 



X 



0.4 



i 



1555 



SORTH CAROLISA REGISTER 



Eebruan 16, 1998 



12:16 



APPROVED RULES 



Substance 


CAS# 


TWA STEL Ceiling 
ppm mg/m' ppm mglm' ppm mg/m^ 


Skin 
desig- 
nation 


Dicyclopentadienyl iron 


102-54-5 








Total dust 




~ 


10 


- 


Respirable fraction 




~ 


5 


- 


Dieldrin 


60-57-1 




see 1910.1000, Table Z-1 




Diethanolamine 


111-42-2 


3 


15 


- 


Diethylamine 


109-89-7 


10 


30 25 75 


- 


2-Diethylaminoethanol 


100-37-8 




see 1910.1000, Table Z-1 




Diethylene triamine 


111-40-0 


1 


4 


- 


Diethyl ether; see Ethyl ether 










Diethyl ketone 


96-22-0 


200 


705 


- 


Diethyl phthalate 


84-66-2 


- 


5 


- 


Difluorodibromomethane 


75-61-6 




see 1910.1000, Table Z-1 




Diglycidyl ether (DGE) 


2238-07-5 


0.1 


0.5 


- 


Dihydroxybenzene; 
see Hydroquinone 










Diisobutyl ketone 


108-83-8 


25 


150 


- 


Diisopropylamine 


108-18-9 




see 1910.1000, Table Z-1 




4-Dimethylaminoazobenzene 


60-11-7 




see 1910.1015 




Dimethoxymethane; 
see Methylal 










Dimethylacetamide 


127-19-5 




see 1910.1000, Table Z-1 




Dimethylamine 


124-40-3 




see 1910.1000, Table Z-1 




Dimethylaminobenzene ; 
see Xylidine 










Dimethylaniline 

(A'.N-Dimethylaniline) 


121-69-7 


5 


25 10 50 


X 


Dimethylbenzene; 
see Xylene 










Dimethyl- l,2-dibromo-2, 2- 
dichloroethyl phosphate 


300-76-5 


— 


3 


X 


Dimethylformamide 


68-12-2 




see 1910.1000, Table Z-1 




2,6-Dimethyl-4-heptanone; 
see Diisobutyl ketone 










1 , 1 -Dimethylhydrazine 


57-14-7 




see 1910.1000, Table Z-1 




Dimethylphthalate 


131-11-3 




see 1910.1000, Table Z-1 




Dimethyl sulfate 


77-78-1 


0.1 


0.5 


X 


Dinitolmide 


148-01-6 


— 


5 


— 


(3,5-Dinitro-o-toluamide) 










Dinitrobenzene 










(all isomers); 










ortho 


528-29-0 




see 1910.1000, Table Z-1 




meta 


99-65-0 




see 1910.1000, Table Z-1 





12:16 



NORTH CAROLINA REGISTER 



February 16, 1998 



1556 



APPROVED RULES 



TWA 



STEL 



Substance 



CAS# 



Ceiling 



Skin 
desig- 



ppm mg/m^ ppm mg/m' ppm mg/m' nation 



para 100-25-4 

Dinitro-o-cresol 534-52-1 

Dinitrotoluene 121-14-2 

Dioxane (Diethylene dioxide) 123-91-1 

Dioxathion (Delnav®) 78-34-2 

Diphenyl (Biphenyl) 92-52-4 

Diphenylamine 122-39-4 
Diphenylmethane diisocyanate; 

see Methylene bisphenyl 
isocyanate 



see 1910.1000, Table Z-1 
see 1910.1000, Table Z-1 
see 1910.1000, Table Z-1 



25 



90 

0.2 



see 1910.1000, Table Z-1 



10 



Dipropyl ketone 


123-19-3 


50 


235 


- 


Dipropylene glycol methyl ether 


34590-94-8 


100 


600 


150 900 


Diquat 


85-00-7 


- 


0.5 


- 


Di-sec-octyl phthalate 


117-81-7 


— 


5 


10 


(Di-(2-ethylhexyl) phthalate) 










Disulfiram (Antabuse") 


97-77-8 


- 


2 


- 


Disulfoton 


298-04-4 


- 


0.1 


- 


2,6-Di-/err-buty!-p-cresol 


128-37-0 


- 


10 


- 


Diuron 


330-54-1 


- 


10 


- 


Divinyl benzene 


108-57-6 


10 


50 


- 


Emer>' 


12415-34-8 








Total dust 




- 


10 


- 


Respirable fraction 






5 


- 


Endosulfan 


115-29-7 




see 


1910.1000, Table Z-1 


Endrin 


72-20-8 




see 


1910.1000, Table Z-1 


Epichlorohydrin 


106-89-8 


2 


8 


- 


EPN 


2104-64-5 




see 


1910.1000, Table Z-1 


1.2-Epoxypropane: 










see Propylene oxide 










2,3-Epoxy-l-propanol; 










see Glycidol 










Ethanethiol; 










see Ethyl mercaptan 










Ethanolamine 


141-43-5 


3 


8 


6 15 


Ethion 


563-12-2 


- 


0.4 


- 


2-Ethoxyethanol (Cellosolve) 


110-80-5 




see 


1910.1000. Table Z-1 


2-Ethoxyethyl acetate 


111-15-9 




see 


1910.1000, Table Z-1 


(Cellosolve acetate) 










Ethyl acetate 


141-78-6 




see 


1910.1000, Table Z-1 


Ethyl acrylate 


140-88-5 


5 


20 


25 100 


Ethyl alcohol (Ethanol) 


64-17-5 




see 


1910.1000, Table Z-1 



X 
X 



X 



1557 



NORTH CAROLINA REGISTER 



February 16, 1998 



12:16\ 



APPROVED RULES 



Substance 



TWA STEL Ceiling Skin 

CAS « desig- 

ppm mg/m' ppm mg/m^ ppm mg/m^ nation 



Ethylamine 

Ethyl amyl ketone 

(5-Methyl-3-heptanone) 

Ethyl benzene 

Ethyl bromide 

Ethyl butyl ketone 
(3-Heptanone) 

Ethyl chloride 

Ethyl ether 

Ethyl formate 

Ethyl mercaptan (Ethanethiol) 

Ethyl silicate 

Ethylene chlorohydrin 

Ethylenediamine 

Ethylene dibromide 

Ethylene dichloride 
(1,2-Dichloroethane) 

Ethylene glycol 

Ethylene glycol dinitrate 

Ethylene glycol methyl acetate; 
see Methyl cellosolve acetate 

Ethyleneimine 

Ethylene oxide 

Ethylidene chloride; 

see 1,1-Dichloroethane 



75-04-7 




see 1910.1000, Table Z-1 


106-68-3 




see 1910.1000, Table Z-1 


100-41-4 


100 


435 125 545 


74-96-4 


200 


890 250 1110 


106-35-4 




see 1910.1000, Table Z-1 


75-00-3 




see 1910.1000, Table Z-1 


60-29-7 


400 


1200 500 1500 


109-94-4 




see 1910.1000, Table Z-1 


75-08-1 


0.5 


1 


78-10-4 


10 


85 


107-07-3 


- 


1 


107-15-3 




see 1910.1000, Table Z-1 


106-93-4 




see 1910.1000, Table Z-2 


107-06-2 


1 


4 2 8- 


107-21-1 


— 


50 


628-96-6 





0.1 



151-56-4 
75-21-8 



see 1910.1012 
see 1910.1047 



125 



Ethylidene norbomene 


16219-75-3 


- 


5 


25 


N-Ethylmorpholine 


100-74-3 


5 


23 


- 


Fenamiphos 


22224-92-6 


- 


0.1 


- 


Fensuifothion 


115-90-2 


— 


0.1 


— 


(Dasanit®) 










Fenthion 


55-38-9 


- 


0.2 


- 


Ferbam 


14484-64-1 








Total dust 




- 


10 


- 


Respirable fraction 




- 


5 


- 


Ferrovanadium dust 


12604-58-9 


- 


1 - 3 - 


- 


Fluorides (as F) 


Varies with 
compound 




see 1910.1000, Table Z-2 




Fluorine 


7782-41-4 




see 1910.1000, Table Z-1 




Fluorotrichloromethane 


75-69-4 


— 


- 1000 


5600 


(Trichlorofluoromethane) 










Fonofos 


944-22-9 


_- 


0.1 


— 



X 
X 



12:16 



NORTH CAROLINA REGISTER 



February 16, 1998 



1558 



APPROVED RULES 



Substance 



TWA STEL Ceiling Skin 

CAS # desig- 

ppm mg/m' ppm mg/m^ ppm mg/m' nation 



Formaldehyde 

Form amide 

Formic acid 

Furfural 

Furfuryl alcohol 

Gasoline 

Germanium tetrahydride 

Glutaraldehyde 

Glycerin (misl) 

Total dust 

Respirable fraction 

Glycidol 

Glycol monoethyl ether; 
see 2-Ethoxyethanol 

Grain dust (oat, wheat, barley) 

Graphite, natural respirable dust 

Graphite, synthetic 

Total dust 

Respirable fraction 

Guthion®; 

see Azinphos methyl 

Gypsum 

Total dust 

Respirable fraction 
Hafnium 
Heptachlor 
Heptane («-Heptane) 
Hexachlorobutadiene 
Hexachlorocyclopentadiene 
Hexachloroethane 
Hexachloronaphthalene 
Hexafluoroacetone 
M-Hexane 
Hexane isomers 

2-Hexanone 

(Methyl «-butyl ketone) 

Hexone 

(Methyl isobutyl ketone) 

5ec-Hexyl acetate 
Hexylene glycol 



50-00-0 






see 1910.1048 


75-12-7 


20 


30 


30 45 


64-18-6 




see 


1910.1000, Table Z-1 


98-01-1 


2 


8 


- 


98-00-0 


10 


40 


15 60 


8006-61-9 


300 


900 


500 1500 


7782-65-2 


0.2 


0.6 


- 


111-30-8 


- 


- 


- 0.2 


56-81-5 









556-52-5 



7782-42-5 



7778-18-9 



7440-58-6 

76-44-8 

142-82-5 

87-68-3 

77-47-4 

67-72-1 

1335-87-1 

684-16-2 

110-54-3 

Varies with 
compound 

591-78-6 
108-10-1 

108-84-9 

107-41-5 



25 



400 
0.02 
0.01 



0.1 

50 

500 

5 

50 



10 
5 

75 



see 1910.1000, Table Z-1 



2.5 

10 
5 



see 1910.1000, Table Z-1 
see 1910.1000, Table Z-1 
see 1910.1000, Table Z-1 
see 1910.1000, Table Z-1 
1600 500 2000 
0.24 
0.1 

see 1910.1000, Table Z-1 
see 1910.1000, Table Z-1 
0.7 
180 
1800 1000 3600 



20 



205 



75 300 



see 1910.1000, Table Z-1 
25 



X 
X 



0.8 



( 



125 



1559 



NORTH CAROLINA REGISTER 



February 16, 1998 



12:16 



APPROVED RULES 



Substance 


CAS# 


TWA 

ppm mg/m^ 


STEL Ceiling 
ppm mg/m' ppm mg/m^ 


Skin 
desig- 
nation 


Hydrazine 


302-01-2 


0.1 


0.1 


- 


X 


Hydrogen bromide 


10035-10-6 


- 


- 


3 10 


- 


Hydrogen chloride 


7647-01-0 




see 


1910.1000, Table Z-1 




Hydrogen cyanide 


74-90-8 


- 


- 


4.7 5 


X 


Hydrogen fluoride (as F) 


7664-39-3 


3 


- 


6 - 


- 


Hydrogen peroxide 


7722-84-1 




see 


1910.1000, Table Z-1 




Hydrogen selenide (as Se) 


7783-07-5 




see 


1910.1000, Table Z-1 




Hydrogen sulfide 


7783-06-4 


10 


14 


15 21 


- 


Hydrogenated terphenyls 


61788-32-7 


0.5 


5 


- 


- 


Hydroquinone 


123-31-9 




see 


1910.1000, Table Z-1 




2-Hydroxypropyl acrylate 


999-61-1 


0.5 


3 


- 


X 


Indene 


95-13-6 


10 


45 


- 


~ 


Indium and compounds (as In) 


7440-74-6 


- 


0.1 


- 


- 


Iodine 


7553-56-2 




see 


1910.1000, Table Z-1 




Iodoform 


75-47-8 


0.6 


10 


- 


- 


Iron oxide, dust and fume (as 

Fe) 


1309-37-1 










Total particulate 






see 


1910.1000, Table Z-1 




Iron pentacarbonyl (as Fe) 


13463-40-6 


0.1 


0.8 


0.2 1.6 


- 


Iron salts (soluble) 
(asFe) 


Varies with 
compound 


-- 


1 








Isoamyl acetate 


123-92-2 




see 


1910.1000, Table Z-1 




Isoamyl alcohol 

(Primary and secondary) 


123-51-3 


100 


360 


125 450 





Isobutyl acetate 


110-19-0 




see 


1910.1000, Table Z-1 




Isobutyl alcohol 


78-83-1 


50 


150 


- 


- 


Isooctyl alcohol 


26952-21-6 


50 


270 


- 


X 


Isophorone 


78-59-1 


4 


23 


- 


- 


Isophorone diisocyanate 


4098-71-9 


0.005 


- 


0.02 


X 


2-Isopropoxyethanol 


109-59-1 


25 


105 


- 


- 


Isopropyl acetate 


108-21-4 


250 


950 


310 1185 


- 


Isopropyl alcohol 


67-63-0 


400 


980 


500 1225 


- 


Isopropylamine 


75-31-0 


5 


12 


10 24 


- 


A'^-Isopropylaniline 


768-52-5 


2 


10 


- 


X 


Isopropyl ether 


108-20-3 




see 


1910.1000, Table Z-1 




Isopropyl glycidyl ether (IGE) 


4016-14-2 


50 


240 


75 360 


- 


Kaolin 


1332-58-7 










Total dust 




— 


10 


.. 


- 


Respirable fraction 




- 


5 


- 


- 


Ketene 


463-51-4 


0.5 


0.9 


1.5 3 


— 



12:16 



NORTH CAROLINA REGISTER 



February 16, 1998 



1560 



APPROVED RULES 



TWA 



STEL 



Substance 



CAS# 



Ceiling 



Skin 
desig- 



ppm mg/m^ ppm mg/m' ppm mgW nation 



Lead, inorganic (as Pb) 7439-92-1 

Limestone 1317-65-3 

Total dust 

Respirable 

Lindane 58-89-9 

Lithium hydride; 7580-67-8 

L.P.G. (Liquified petroleum 68476-85-7 

gas) 

Magnesite 546-93-0 

Total dust 

Respirable fraction 
Magnesium oxide fume 1309-48-4 

Total dust 

Respirable fraction 
Malathion 121-75-5 

Total dust 

Respirable fraction 
Maleic anhydride 108-31-6 

Manganese 7439-96-5 

Compounds (as Mn) 
Manganese 7439-96-5 

Fume (as Mn) 

Manganese cyclopentadienyl 12079-65-1 

tricarbonyl (as Mn) 

Manganese tetroxide (as Mn) 1317-35-7 

Marble 1317-65-3 

Total dust 

Respirable fraction 

Mercury (aryl and 7439-97-6 

inorganic) (as Hg) 

Mercun,' (organo) 7439-97-6 

alkyl compounds (as Hg) 

Mercury (vapor) (as Hg) 7439-97-6 

Mesityl oxide 141-79-7 

Methacry lie acid 79-41-4 

Methanethiol; 

see Methyl mercaptan 

Methomyl (Lannate®) 16752-77-5 

Meihoxychlor 72-43-5 

Total dust 



15 
20 



see 1910.1025 

see 1910.1000, Table Z-1 
see 1910.1000, Table Z-1 
see 1910.1000, Table Z-1 
see 1910.1000, Table Z-1 
see 1910.1000, Table Z-1 



see 1910.1000. 


Table Z-1 


see 1910.1000, 
10 


Table Z-1 


5 
10 




5 


— 



see 1910.1000. Table Z-1 



see 1910.1000, Table Z-1 



1 
0.1 

1 



see 1910.1000, Table Z-1 
see 1910.1000. Table Z-1 



0.01 

0.05 
60 
70 



0.03 



100 



( 



X 
X 



0.1 X 

-- X 
- X 



10 



( 



1561 



SORTH CAROLISA REGISTER 



February 16, 1998 



12:16 



APPROVED RULES 



Substance 



TWA STEL Ceiling Skin 

CAS # desig- 

ppm mg/m^ ppm mg/m^ ppm mg/m^ nation 



Respirable fraction 

2-Methoxyethanol; 

see Methyl Cellosolve® 

2-Methoxyethyl acetate; 
see Methyl Cellosolve® 
acetate 

4-Methoxyphenol 

Methyl acetate 

Methyl acetylene (Propyne) 

Methyl acetylene- 

propadiene mixture (MAPP) 

Methyl acrylate 

Methylacrylonitrile 

Methylal (Dimethoxymethane) 

Methyl alcohol (Methanol) 

Methylamine 

Methyl amyl alcohol; 
see Methyl isobutyl carbinol 

Methyl w-amyl ketone 

Methyl bromide 

Methyl butyl ketone; 
see 2-Hexanone 

Methyl Cellosolve® 
(2-Methoxyethanol) 

Methyl Cellosolve* acetate 
(2-Methoxyethyl acetate) 

Methyl chloride 

Methyl chloroform 

(1,1,1 -Trichloroethane) 

Methyl 2-cyanoacrylate 

Methylcyclohexane 

Methylcyclohexanol 

o-Methylcyclohexanone 

Methylcyclopentadienyl 
manganese tricarbonyl (as 
Mn) 

Methyl demeton 

4, 4 '-Methylene bis(2-chloro- 
aniline) 
(MBOCA) 

Methylene bis(4-cyclohexyl- 
isocyanate) 

Methylene chloride 



150-76-5 


- 


5 


- 


79-20-9 


200 


610 


250 760 


74-99-7 




see 


1910.1000, Table Z-1 




1000 


1800 


1250 2250 


96-33-3 




see 


1910.1000, Table Z-1 


126-98-7 


1 


3 


- 


109-87-5 




see 


1910.1000, Table Z-1 


67-56-1 


200 


260 


250 310 


74-89-5 




see 


1910.1000, Table Z-1 


1 10-43-0 




see 


1910.1000, Table Z-1 


74-83-9 


5 


20 


- 


109-86-4 




see 


1910.1000, Table Z-1 


110-49-6 




see 


1910.1000, Table Z-1 


74-87-3 


50 


105 


100 205 


71-55-6 


350 


1900 


450 2450 


137-05-3 


2 


8 


4 16 


108-87-2 


400 


1600 


- 


25639-42-3 


50 


235 


- 


583-60-8 


50 


230 


75 345 


12108-13-3 


- 


0.2 


~ 


8022-00-2 


— 


0.5 


„ 


101-14-4 


0.02 


0.22 






X 

X 

X 
X 



5124-30-1 
75-09-2 



0.01 0.11 



see 1910.1052 



12:16 



NORTH CAROLINA REGISTER 



February 16, 1998 



1562 



APPROVED RULES 



TWA 



STEL 



Substance 



CAS# 



Ceiling 



Skin 
desig- 



ppm mg/m^ ppm mg/m^ ppm mg/m' nation 



Methylenedianiline 

(4,4' -Methylenedianiline) 

Methyl ethyl ketone (MEK); 
see 2-Butanone 



101-77-9 



see 1910.1050; 1926.60 



Methyl ethyl ketone peroxide 


1338-23-4 


- 


~ 


- 0.7 


(MEKP) 










Methyl formate 


107-31-3 


100 


250 


150 375 


Methyl hydrazine 


60-34-4 




see 


1910.1000, Table Z-1 


(Monomethyl h\'drazine) 










Methyl iodide 


74-88-4 


2 


10 


- 


Methyl isoamyl ketone 


110-12-3 


50 


240 


- 


Methyl isobutyl carbinol 


108-11-2 


25 


100 


40 165 


Methyl isobutyl ketone; 










see Hexone 










Methyl isocyanate 


624-83-9 




see 


1910.1000. Table Z-1 


Methyl isopropyl ketone 


563-80-4 


200 


705 


- 


Methyl mercaptan 


74-93-1 


0.5 


1 


- 


Methyl methacr>'late 


80-62-6 




see 


1910.1000, Table Z-1 


Methyl parathion 


298-00-0 


- 


0.2 


- 


Methyl propyl ketone; 










see 2-Pentanone 










Methyl silicate 


681-84-5 


1 


6 


- 


alpha-Meihyl styrene 


98-83-9 


50 


240 


100 485 


Methylene bisphenyl 










isocyanate (MDI) 


101-68-8 




see 


1910.1000. Table Z-1 


Metribuzin 


21087-64-9 


- 


5 


- 


Mica; see Silicates 










Molybdenum (as Mo) 


7439-98-7 








Soluble compounds 






see 


1910.1000, Table Z-1 


Molybdenum (as Mo) 


7439-98-7 








Insoluble compounds 










Total dust 




— 


10 


~ 


Respirable fraction 




- 


5 


-- 


Monocrotophos 


6923-22-4 


— 


0.25 


— 


(Azodrin») 










Monomethyl aniline 


100-61-8 


0.5 


2 


- 


Monometh\l hydrazine; 










see Meih\l hydrazine 










Morpholine 


110-91-8 


20 


70 


30 105 


Naphtha (Coal tar) 


8030-30-6 




see 


1910.1000, Table Z-1 


Naphthalene 


91-20-3 


10 


50 


15 75 


aZ/j/ia-Naphthylamine 


134-32-7 






see 1910.1004 



1563 



NORTH CAROLINA REGISTER 



February 16, 1998 



12.16 



APPROVED RULES 



Substance 



TWA STEL Ceiling Skin 

C.\S # desig- 

ppm mg/m' ppm mg/m' ppm mg/m' nation 



i^fa-Naphthylamine 

Nickel carbonyl (as Ni) 

Nickel 

Metal and insoluble 
compounds (as Ni) 

Nickel 

Soluble compounds (as Ni) 
Nicotine 
Nitric acid 
Nitric oxide 
;j-Nitroaniline 
Nitrobenzene 
/7-Nitrochlorobenzene 
4-Nitrodiphenyl 
Nitroethane 
Nitrogen dioxide 
Nitrogen trifluoride 
Nitroglycerin 
Nitromethane 
1-Nitropropane 
2-Nitropropane 
iV-Nitrosodimethylamine 
Nitrotoluene (all isomers) 

o-isomer 

m-isomer 

p-isomer 

Nitrotrichloromethane; 
see Chloropicrin 

Nonane 

Octachloronaphthalene 

Octane 

Oil mist, mineral 

Osmium tetroxide (as Os) 

Oxalic acid 

Oxygen difluoride 

Ozone 

Paraffin wax fume 

Paraquat, respirable dust 

Parathion 



91-59-8 
13463-39-3 

7440-02-0 



7440-02-0 

54-11-5 

7697-37-2 

10102-43-9 

100-01-6 

98-95-3 

100-00-5 

92-93-3 

79-24-3 

10102-44-0 

7783-54-2 

55-63-0 

75-52-5 

108-03-2 

79-46-9 

62-75-9 



10 



200 



300 



111-84-2 

2234-13-1 

111-65-9 

8012-95-1 

20816-12-0 0.0002 

144-62-7 

7783-41-7 

10028-15-6 

8002-74-2 

4685-14-7 

56-38-2 



0.1 



see 1910.1009 
see 1910.1000, Table Z-1 

see 1910.1000. Table Z-1 



0.1 



see 



see 



1910.1000, Table Z-1 

4 10 

1910.1000, Table Z-1 



35 



see 


1910.1000, Table Z-1 


see 


1910.1000, Table Z-1 




see 1910.1003 


see 


1910.1000, Table Z-1 


- 


1 1.8 


see 


1910.1000. Table Z-1 


- 


0.1 


see 


1910.1000, Table Z-1 


see 


1910.1000, Table Z-1 




see 1910.1016 



88-72-2 2 11 

99-08-1 2 11 

99-99-0 2 1 1 



1050 

0.1 - 0.3 

1450 375 1800 

see 1910.1000, Table Z-1 
0.002 0.0006 0.006 



1 

0.2 

2 

0.1 



0,3 



0.6 



X 
X 
X 



0.05 0.01 



X 



see 1910.1000, Table Z-1 



12:16 



NORTH CAROLINA REGISTER 



February 16, 1998 



1564 



APPROVED RULES 



Substance 



TWA STEL Ceiling Skin 

CAS # desig- 

ppm mg/m' ppm mg/m^ ppm mg/m^ nation 



Particulates not 

otherwise regulated 

Total dust 

Respirable dust 

PCB; see Chlorodiphenyl (42% 
and 54% chlorine) 

Pentaborane 

Pentachloronaphthalene 

Pentachlorophenol 

Pentaerythritol 

Total dust 

Respirable fraction 

Pentane 

2-Pentanone 

(Methyl propyl ketone) 

Perchloroethylene 

(Tetrachloroethylene) 

Perchloromethyl mercaptan 

Perchloryl fluoride 

Perlite 

Total dust 

Respirable fraction 

Petroleum distillates (Naphtha) 

Phenol 

Phenothiazine 

/7-Phenylene diamine 

Phenyl ether. Vapor 

Phenyl ether - biphenyl mixture. 
Vapor 

Phenylethylene; see Styrene 

Phenyl glycidyl ether (PGE) 

Phenylhydrazine 

Phenyl mercaptan 

Phenylphosphine 

Phorate 

Phosdrin® 
(Mevinphos) 

Phosgene (Carbonyl chloride) 

Phosphine 

Phosphoric acid 

Phosphorus (yellow) 



19624-22-7 

1321-64-8 

87-86-5 

115-77-5 



127-18-4 

594-42-3 

7616-94-6 

93763-70-3 



8002-05-9 

108-95-2 

92-84-2 

106-50-3 

101-84-8 



see 1910.1000, Table Z-1 
see 1910.1000, Table Z-1 



0.005 0.01 0.015 0.03 

see 1910.1000, Table Z-1 
see 1910.1000, Table Z-1 





— 


10 
5 

1800 


~ 


-- 


109-66-0 


600 


750 


2250 


107-87-9 


200 


700 


250 


875 



400 



170 

see 1910.1000. Table Z-1 
14 6 28 

see 1910.1000, Table Z-1 
see 1910.1000, Table Z-1 



1600 



see 1910.1000, Table Z-1 
5 

see 1910.1000, Table Z-1 
see 1910.1000, Table Z-1 

see 1910.1000, Table Z-1 



122-60-1 


1 


6 


- 




- 


- 


- 


100-63-0 


5 


20 


10 




45 


- 


X 


108-98-5 


0.5 


2 


- 




- 


- 


- 


638-21-1 


- 


- 


- 




- 0.05 


0.25 


- 


298-02-2 


- 


0.05 


- 




0.2 


- 


X 


7786-34-7 


0.01 


0.1 


0.03 




0.3 


- 


X 


75-44-5 




see 


1910. 


1000 


, Table Z-1 






7803-51-2 


0.3 


0.4 


1 




1 


- 


- 


7664-38-2 


- 


1 


- 




3 


- 


- 


7723-14-0 




see 


1910. 


1000 


. Table Z-1 







1565 



\ORTH CAROLLXA REGISTER 



Feb man 16, 1998 



12:16 



APPROVED RULES 



Substance 


CAS# 


TWA 
ppm mg/m^ 


STEL Ceiling 
ppm mg/m^ ppm mg/m' 


Skin 
desig- 
nation 


Phosphorus oxychloride 


10025-87-3 


0.1 


0.6 


- 


- 


Phosphorus pentachloride 


10026-13-8 




see 


1910.1000, Table Z-1 




Phosphorus pentasulfide 


1314-80-3 


- 


1 


3 


- 


Phosphorus trichloride 


7719-12-2 


0.2 


1.5 


0.5 3 


- 


Phthalic anhydride 


85-44-9 


1 


6 


- 


- 


/n-Phthalodinitrile 


626-17-5 


- 


5 


- 


- 


Picloram 


1918-02-1 










Total dust 




— 


10 


- 


- 


Respirable fraction 






5 


- 


- 


Picric acid 


88-89-1 




see 


1910.1000, Table Z-1 




(2 ,4 ,6-Trinitrophenol) 












Pindone 


83-26-1 




see 


1910.1000, Table Z-1 




(2-Pivalyl-l,3-indandione) 












Piperazine dihydrochloride 


142-64-3 


- 


5 


~ 


- 


Plaster of Paris 


7778-18-9 










Total dust 






see 


1910.1000, Table Z-1 




Respirable fraction 






see 


1910.1000, Table Z-1 




Platinum (as Ft) 


7440-06-4 










Metal 




- 


1 


- 


- 


Platinum (as Pt) 


7440-06-4 










Soluble salts 






see 


1910.1000, Table Z-1 




Portland cement 


65997-15-1 










Total dust 




- 


10 


- 


- 


Respirable fraction 




- 


5 


-- 


- 


Potassium hydroxide 


1310-58-3 


- 


- 


2 


- 


Propane 


74-98-6 




see 


1910.1000, Table Z-1 




Propargyl alcohol 


107-19-7 


1 


2 


- 


X 


feefa-Propiolactone 


57-57-8 






see 1910.1013 




Propionic acid 


79-09-4 


10 


30 


-- 


- 


Propoxur (Baygon®) 


114-26-1 


- 


0.5 


- 


- 


«-Propyl acetate 


109-60-4 


200 


840 


250 1050 


- 


^-Propyl alcohol 


71-23-8 


200 


500 


250 625 


- 


n-Propyl nitrate 


627-13-4 


25 


105 


40 170 


- 


Propylene dichloride 


78-87-5 


75 


350 


110 510 


- 


Propylene glycol dinitrate 


6423-43-4 


0.05 


0.3 


- 


- 


Propylene glycol monomethyl 
ether 


107-98-2 


100 


360 


150 540 


— 


Propylene imine 


75-55-8 




see 


1910.1000, Table Z-1 




Propylene oxide 


75-56-9 


20 


50 


- 


- 


Propyne; see Methyl acetylene 













12:16 



NORTH CAROLINA REGISTER 



February 16, 1998 



1566 



APPROVED RULES 



Substance 



TWA STEL Ceiling Skin 

CAS# ^ desig- 

ppm mg/m' ppm mg/m^ ppm mg/m' nation 



Pyrethrum 


8003-34-7 


Pyridine 


110-86-1 


Quinone 


106-51-4 


RDX; see Cyclonite 




Resorcinol 


108-46-3 


Rhodium (as Rh), Metal fume 


7440-16-6 


and insoluble compounds 




Rhodium (as Rh), Soluble 


7440-16-6 


compounds 




Ronnel 


299-84-3 


Rosin core solder pyrolysis 


— 


products, as formaldehyde 




Rotenone 


83-79-4 


Rouge 


- 


Total dust 




Respirable fraction 




Selenium compounds (as Se) 


7782-49-2 


Selenium hexafluoride (as Se) 


7783-79-1 


Silica, amorphous. 


~ 


precipitated and gel 




Silica, amorphous. 


68855-54-9 


diatomaceous earth. 




containing less than 1 % 




crystalline silica 




Silica, crystalline cristobalite 


14464-46-1 


(as quartz), respirable dust 




Silica, crystalline quartz 


14808-60-7 


(as quartz), respirable dust 




Silica, crystalline tripoli 


1317-95-9 


(as quartz), respirable dust 




Silica, cr>'stalline tridymite 


15468-32-3 


(as quartz), respirable dust 




Silica, fused, respirable dust 


60676-86-0 


Silicates (less than 1 % 




crystalline silica) 




Mica (respirable dust) 


12001-26-2 


Soapstone 


-- 


Total dust 




Respirable dust 




Talc (containing asbestos) 




Talc (not containing 




asbestos), less than 


14807-96-6 


1 % quanz, respirable dust 





10 



see 1910.1000, Table Z-1 
see 1910.1000, Table Z-1 
see 1910.1000, Table Z-1 

45 20 90 

see 1910.1000, Table Z-1 

see 1910.1000, Table Z-1 
10 



< 



0.1 



see 1910.1000, Table Z-1 

10 - - - - - 

5 

see 1910.1000, Table Z-1 
see 1910.1000, Table Z-1 

see 1910.1000, Table Z-3 

see 1910.1000, Table Z-3 

see 1910.1000, Table Z-3 

see 1910.1000, Table Z-3 

see 1910.1000, Table Z-3 (respirable crystalline quartz) 

see 1910.1000, Table Z-3 
see 1910.1000, Table Z-3 



6 

3 



see 1910.1001 



1567 



NORTH CAROLINA REGISTER 



February 16, 1998 



12:16 



APPROVED RULES 



Substance 



TWA STEL Ceiling Skin 

CAS # desig- 

ppm mg/m^ ppm mg/m^ ppm mg/m^ nation 



^ 



Tremolite 
Silicon 7440-21-3 

Total dust 

Respirable fraction 
Silicon carbide 409-21-2 

Total dust 

Respirable fraction 

Silicon tetrahydride 7803-62-5 

Silver, metal, 7440-22-4 

dust and fume (as Ag) 

Soapstone; 
see Silicates 

Sodium azide 26628-22-8 

(as HN3) 

(as NaNj) 

Sodium bisulfite 763 1 -90-5 

Sodium fluoroacetate 62-74-8 

Sodium hydroxide 1310-73-2 

Sodium metabisulfite 7681-57-4 

Starch 9005-25-8 

Total dust 

Respirable fraction 

Stibine 7803-52-3 

Stoddard solvent 8052-41-3 

Strychnine 57-24-9 

Styrene (Vinyl benzene); l(X)-42-5 

see Footnote (1) 

Subtilisins (Proteolytic 
enzymes); see Footnote (3) 

Sucrose 57-50-1 

Total dust 

Respirable fraction 

Sulfur dioxide 7446-09-5 

Sulfur hexafluoride 255 1 -62-4 

Sulfuric acid 7664-93-9 

Sulfur monochloride 10025-67-9 

Sulfur pentafluoride 5714-22-7 

Sulfur tetrafluoride 7783-60-0 

Sulfuryl fluoride 2699-79-8 

Sulprofos 35400-43-2 



see 1910.1001 



100 



50 



10 
5 

10 

5 

7 



see 1910.1000, Table Z-1 



0.1 



5 

0.05 



0.15 



see 1910.1000, Table Z-1 
see 1910.1000, Table Z-1 
see 1910.1000, Table Z-1 

525 

see 1910.1000, Table Z-I 

215 100 425 



- X 

0.3 X 



see 1910.1000, 


Table Z-1 




see 1910.1000, 


Table Z-1 




5 5 


10 


- 


see 1910.1000, 


Table Z-1 




see 1910.1000, 


Table Z-1 




~ 


1 


6 


- 


- 0.01 


0.1 


- 


- 0.1 


0.4 


^0 10 


40 


- 


1 


-_ 


— 



12:16 



NORTH CAROLINA REGISTER 



February 16, 1998 



1568 



APPROVED RULES 



Substance 



TWA STEL Ceiling Skin 

CAS # ^ ^ desig- 

ppm mg/m' ppm mg/m' ppm mg/m- nation 



S_\stox* (see Demeion) 

2,4,5-T (2.4,5-Trichloro- 93-76-5 

phenoxyacetic acid) 

Talc; see Silicates 

Tantalum 7440-25-7 

metal and oxide dust 

TEDP (Sulfotep) 3689-24-5 

Tellurium and compounds 13494-80-9 

(as Te) 

Tellurium hexafluoride (as Te) 7783-80-4 

Temephos 3383-96-8 

Total dust 

Respirable fraction 

TEPP (Tetraethyl 107-49-3 

pyrophosphate) 

Terphenyls 26140-60-3 

1,1,1.2-Tetrachloro- 76-11-9 

2,2-difluoroethane 

1,1,2,2-Tetrachloro- 76-12-0 

1,2-difluoroethane 



1 , 1 ,2,2-Tetrachloroethane 


79-34-5 


Tetrachloroethvlene; 




see Perchloroethylene 




Tetrachloromethane ; 




see Carbon tetrachloride 




Tetrachloronaphthalene 


1335-88-2 


Tetraethyl lead (as Pb) 


78-00-2 


Tetrahydrofuran 


109-99-9 


Tetramethyl lead (as Pb) 


75-74-1 


Tetramethyl succinonitrile 


3333-52-6 


Tetranitromethane 


509-14-8 


Tetrasodium pyrophosphate 


7722-88-5 


Tetryl (2,4,6-Trinitrophenyl 


479-45-8 


methyl nitramine) 




Thallium, soluble compotmds 


7440-28-0 


(asTl) 




4,4 ' -Thiobis(6-:e/7-buty 1- 


96-69-5 


w!-cresol) 




Total dust 




Respirable fraction 




Thioglycolic acid 


68-11-1 


Thionvl chloride 


7719-09-7 



200 



see 1910.1000, Table Z-1 



see 1910.1000, Table Z-1 
see 1910.1000. Table Z-1 
see 1910.1000, Table Z-1 

see 1910.1000. Table Z-1 



10 
5 



see 1910.1000, Table Z-1 



- 0.5 
see 1910.1000, Table Z-1 



see 1910.1000, Table Z-1 



see 1910.1000. Table Z-1 
see 1910.1000. Table Z-1 

590 250 735 

see 1910.1000, Table Z-1 
see 1910.1000. Table Z-1 
see 1910.1000, Table Z-1 
5 

0.1 

see 1910.1000, Table Z-1 



10 
5 

4 



( 



X 



X 



1569 



\ORTH CAROLLXA REGISTER 



February 16, 1998 



12:16 



APPROVED RULES 



Substance 



» 



TWA STEL Ceiling Skin 

CAS # desig- 

ppm mg/m^ ppm mg/m' ppm mg/m' nation 



Thiram 137-26-8 

Tin, inorganic compounds 

(except oxides) (as Sn) 7440-31-5 

Tin, organic compounds (as Sn) 7440-31-5 



see 1910.1000, Table Z-1 



see 1910.1000, Table Z-1 



0.1 



Tin oxide (as Sn) 
Titanium dioxide 

Total dust 

Respirable fraction 

Toluene 

Toluene-2,4-diisocyanate 
(TDI) 

m-Toluidine 

o-Toluidine 

/7-Toluidine 

Toxaphene; 

see Chlorinated camphene 

Tremolites; 
see Silicates 

Tributyl phosphate 

Trichloroacetic acid 

1 ,2,4-Trichlorobenzene 

1,1,1 -Trichloroethane ; 
see Methyl chloroform 

1 , 1 ,2-Trichloroethane 

Trichloroethylene 

Trichloromethane; 
see Chloroform 

Trichloronaphthalene 

1 ,2,3-Trichloropropane 

l,l,2-Trichloro-l,2,2- 
trifluoroethane 

Triethylamine 

Trifluorobromomethane 

Trimellitic anhydride 

Trimethylamine 

Trimethyl beruene 

Trimethyl phosphite 

2,4,6-Trinitrophenol; 
see Picric acid 

2,4,6-Trinitrophenylmethyl 
nitramine; see Tetryl 



7440-31-5 
13463-67-7 





— 


10 

5 
375 


— 


108-88-3 


100 


150 560 


584-84-9 


0.005 


0.04 


0.02 0.15 


108-44-1 


2 


9 


— 


95-53-4 




see 


1910.1000, Ta 


106-49-0 


2 


9 






126-73-8 


0.2 


2.5 


- 


76-03-9 


1 


7 


- 


120-82-1 


— 


— 


5 


79-00-5 




see 


1910.1000, Table Z-1 


79-01-6 


50 


270 


200 1080 


1321-65-9 




see 


1910.1000, Table Z-1 


96-18-4 


10 


60 


- 


76-13-1 


1000 


7600 


1250 9500 


121-44-8 


10 


40 


15 60 


75-63-8 




see 


1910.1000, Table Z-1 


552-30-7 


0.005 


0.04 


- 


75-50-3 


10 


24 


15 36 


25551-13-7 


25 


125 


- 


121-45-9 


2 


10 


— 



40 



12:16 



NORTH CAROLINA REGISTER 



February 16, 1998 



1570 



APPROVED RULES 



TWA 



STEL 



Substance 



CAS# 



Ceiling 



Skin 
desig- 



ppm mg/m^ ppm mg/m' ppm mg/m^ nation 



2,4,6-Trinitrotoluene 
(TNT) 

Tri-orr/jo-cresyl phosphate 

Triphenyl amine 

Triphenyl phosphate 

Tungsten (as W) 

Insoluble compounds 

Soluble compounds 
Turpentine 
Uranium (as U) 

Soluble compounds 
Uranium (as U) 

Insoluble compounds 
n-Valeraldehyde 
Vanadium 

Respirable dust (as VnOj) 

Fume (as VnOj) 
Vegetable oil mist 

Total dust 

Respirable dust 

Vinyl acetate 

Vinyl benzene; 
see Styrene 

Vinyl bromide 

Vinyl chloride 

Vinyl cyanide; 
see Acrylonitrile 

Vinyl cyclohexene dioxide 

Vinylidene chloride 

(1,1 -Dichloroethy lene) 

Vinyl toluene 

V M & P Naphtha 

Warfarin 

Welding fumes (tctal particulate, 
breathing zone) 

Wood dust, all so't and hard 
woods, except Vestem Red 
Cedar 

Wood dust, V^estcm red cedar 

Xylenes (c-, >n-. p- isomers) 

m-X\ ]ci:c-alpha. aZ/j/ia '-diamine 



118-96-7 

78-30-8 
603-34-9 
115-86-6 

7440-33-7 



8006-64-2 
7440-61-1 

7440-61-1 

110-62-3 
1314-62-1 



108-05-4 



593-60-2 



106-87-6 

75-35-4 

25013-15-4 

8032-32-4 

81-81-2 



1330-20-7 
1477-55-0 



50 



10 



10 
1 



300 



100 



0.5 

0.1 

5 



see 1910.1000, Table Z-1 

5 -- 10 

1 - 3 - 

see 1910.1000, Table Z-1 

see 1910.1000, Table Z-1 



0.2 


- 




0.6 




- 


175 


- 




- 




- 


0.05 


-- 




-- 




.- 


0.05 


- 




- 




-- 


see 


1910. 


1000 


Table 


Z 


1 


see 


1910. 


1000 


Table 


Z 


1 


30 


20 




60 




-- 



see 1910.1017 



60 

4 

see 1910.1000, Table Z-1 
1350 400 1800 

see 1910.1000, Table Z-1 



2.5 

435 



150 



10 



655 



i 



X 



1571 



NORTH CAROLINA REGISTER 



February 16, 1998 



12:16 



APPROVED RULES 



TWA STEL Ceiling Skin 

Substance CAS # desig- 

ppm mg/m' ppm mg/m^ ppm mg/m^ nation 



Xylidine 

Yttrium 

Zinc chloride fume 

Zinc chromate (as CrO,) 

Zinc oxide fume 
Zinc oxide 

Total dust 

Respirable fraction 
Zinc stearate 

Total dust 

Respirable fraction 
Zirconium compounds (as Zr) 



1300-73-8 

7440-65-5 

7646-85-7 

Varies with 
compound 

1314-13-2 

1314-13-2 



557-05-1 



7440-67-7 



10 
see 1910.1000, Table Z-1 
1 - 2 - 



5 -- 10 

10 
5 

10 
5 

5 - 10 



0.1 



TABLE Z-2 



Acceptable maximum peak above the 

acceptable ceiling concentration 

for an 8-hr. shift 





8-hour time 


Acceptable 


ceiling 




Maximum 


Substance 


weighted 


concentration 


Concentration 


duration 




average 










Benzene ' 


10 ppm 


25 ppm 




50 ppm 


10 minutes 


Cadmium fume *" 


0. 1 mg/m' 


0.3 mg/m' 








Cadmium dust *" 


0.2 mg/m' 
20 ppm 


0.6 mg/m^ 
30 ppm 








Ethylene dibromide 


50 ppm 


5 minutes 


Ethylene dichloride 


50 ppm 


100 ppm 




200 ppm 


5 minutes in any 3 
hours 



a. This standard applies to the industry segments exempt from the 1 ppm 8-hour TWA and 5 ppm STEL 
of the benzene standard at 1910.1028. 

b. This standard applies to any operation or sectors for which the Cadmium standard, 1910. 1027, is stayed 
or otherwise not in effect. 



TABLE Z-3 - MINERAL DUSTS 



Substance 



mppcf 



mg/m^ 



Silica: 
Crystalline 



12:16 



NORTH CAROLINA REGISTER 



February 16, 1998 



1572 



APPROVED RULES 



Quartz (Respirable) 



Quanz (Total Dust) 



250 



%SiO, + 
5" 



Cristobalite: Use V2 the value calculated from the count or mass 
formulae for quartz 

Tridymite: Use V2 the value calculated from the formulae for quartz 

Amorphous, including natural diatomaceous earth 



20 



Coal Dust: 

Respirable fraction less than 5% SiO, 



10 mg/m^ 
% SiO, + 2 



30 mg/m^ 
% SiO, + 2 



80 mg/m^ 
% SiO, 



2.4 mg/m^ 



Respirable fraction greater than 5% SiO, 



10 mg/m^ 
% SiO, + 2 



(b) The modified final rule for 29 CFR 1910.1200, Hazard Communication, including Appendices A through E, published in 
59 FR (February 9, 1994) pages 6170 - 6184 is incorporated by reference except that 1910.1200(b)(6)(ii) is amended to read: "(ii) 
Any hazardous substance as such term is defined by the Comprehensive Environmental Response, Compensation, and Liability Act 
(CERCLA) (42 U.S.C. 9601 et seq), when regulated as a hazardous waste tinder that Act by the Environmental Protection Agency. " 

History Note: Filed as a Temporary Amendment Eff. August 16, 1993, for a period of 180 days or until the 
permanent rule becomes effective, whichever is sooner; 
Authority G.S. 95-131: 95-133; 150B-21.6; 
Eff. August 2, 1993: 

Amended Eff. April 1, 1996; January 1, 1996; September 6, 1995; April 1, 1995; 
Temporary Amendment Eff. April 1, 1996; 
Amended Eff. September 1. 1996: June 3, 1996; 
Temporary Amendment Expired January 26, 1997; 

Amended Eff. Mx L 1998: October 15, 1997; March 7, 1997; February 28. 1997; 
Febmar\- 11, 1997. 



SECTION .0200 - CONSTRUCTION STANDARDS 

.0201 CONSTRUCTION 

The provisions for the Occupational Safety and Health 
Standards for Construction, Title 29 of the Code of Federal 
Regulations Part 1926 promulgated as of October 15, 1997, and 
exclusive of subsequent amendments, are incorporated by 
reference except as follows: 

(1) Subpan C -- General Safety and Health Provisions - 
Personal protective equipment, §1926. 28(a) is 
amended to read as follows: "(a) The employer is 
responsible for requiring the wearing of appropriate 
personal protective equipment in all operations where 
there is an exposure to hazardous conditions or where 
this part indicates the need for using such equipment 
to reduce the hazards to the employees." 

(2) Subpart D -- Occupational Health and Environmental 
Controls: 



(a) Addition to 29 CFR 1926.54, Nonionizing 
radiation, after subpart (a) to read: 

"(al) This standard shall apply to all direct or 
reflected laser equipment except properly 
maintained unmodified Class I equipment. Class 
I equipment is defined as intrinsically safe lasers 
having less than 0.001 milliwatt power and lasers 
which cannot create eye damage if viewed 
accidentally or which present no direct ocular 
hazard, diffuse ocular hazard or fire hazards." 

(b) Incorporation by reference of modified final 
rule for 29 CFR 1926.59, Hazard 
Communication, including Appendices A 
through E, published in 59 FR (February 9, 
1994) pages 6170 - 6184 except that 
1926.59(b)(6)(ii) is amended to read: 

"(ii) Any hazardous substance as such term is 
defined by the Comprehensive Environmental 



1573 



NORTH CAROLINA REGISTER 



February 16, 1998 



12:16 



APPROVED RULES 



Response, Compensation, and Liability Act 
(CERCLA) (42 U.S.C. 9601 et seq), when 
regulated as a hazardous waste under that Act by 
the Environmental Protection Agency;" 

(3) Subpart E —Personal Protective and Life Saving 
Equipment - addition of (g) to 1926.104 Safety 
belts, lifelines, and lanyards, as follows: 

"(g) Snaphooks shall be a locking type designed 
and used to prevent disengagement of the 
snaphook keeper by the coruiected member. 
Locking type snaphooks have self-closing, self- 
locking keepers which remain closed and locked 
until unlocked and pressed open for connection or 
disconnection. " 

(4) Subpart V - Power Transmission and Distribution — 
1926.950(c)(l)(i) is rewritten to read as follows: 

"(i) The employee is insulated or guarded from 
the energized part (insulating gloves or insulating 
gloves with sleeves rated for the voltage involved 
shall be considered insulation of the employee 
only with regard to the energized part upon which 
work is being performed), or" 

(5) Subpart Z — Toxic and Hazardous Substances - 
incorporation of the existing standard for Bloodbome 
Pathogens, 29 CFR 1910.1030, excluding 
subparagraph (e) HIV and HBV Research 
Laboratories and Production Facilities, into the 
Safety & Health Regulations for Construction at 29 
CFR 1926. 1 130. Final rule as published in 56 FR 
(December 6, 1991) pages 64175 - 64182, including 
Appendix A — Hepatitis B Vaccine Declination 
(Mandatory) — with corrections as published in 57 
FR (July 1, 1992) page 29206, and with the 
following revision to the definition of Occupational 
Exposure under subsection (b) Definitions: 

"Occupational Exposure means reasonably 
anticipated skin, eye, mucous membrane, or 
parenteral contact with blood or other 
potentially infectious materials that may result 
from the performance of collateral first aid 
duties by an employee in the areas of 
construction, alteration, or repair, including 
painting and decorating." 

History Note: Authority G.S. 95-131; 150B-21.6; 

Eff. August 2, 1993; 

Amended Eff. July. L 1998; March 7, 1997; February 11, 

1997; September 1, 1996; February 1, 1996; January 1, 1996; 

October 1, 1995; September 6, 1995. 

SECTION .0300 - AGRICULTURE STANDARDS 



reference except as follows: 

(1) Subpart B - Applicability of Standards - In 29 CFR 
1928.21(a)(5), the identical application of 29 CFR 
1910.1200(b)(6)(ii) is amended to read as specified 
in 13 NCAC07F.0101. 

(2) Subpart 1 - General Environmental Controls - 29 
CFR 1928.110, Field Sanitation, the scope shall not 
be limited to any specific number of employees. 

History Note: Authority G.S. 95-131; 150B-21.6; 

Eff. August 2, 1993; 

Amended Eff. Mx L 1998; September 1, 1996; April 1, 1995; 

November 1, 1994; August 1, 1994; September 24, 1993. 

SECTION .0500 - MARITIME STANDARDS 

.0501 SfflPYARD EMPLOYMENT 

(a) The provisions for the Occupational Safety and Health 
Standards for Shipyard Employment, Title 29 of the Code of 
Federal Regulations Part 1915 promulgated as of October 15, 
1997, and exclusive of subsequent amendments, are 
incorporated by reference except that in 29 CFR 1915. 1200 the 
identical application of 29 CFR 1910.1200(b)(6)(ii) is amended 
to read as specified in 13 NCAC 07F .0101. 

(b) The provisions of 29 CFR 1915 shall apply only to 
public sector employees of local governments or of the State of 
North Carolina. 

History Note: Authority G.S. 95-131; 150B-21.6; 

Eff. December 1, 1993; 

Amended Eff. July L 1998; October 15, 1997; March 7, 1997; 

February 11, 1997; September 1, 1996; January 1, 1996; 

September 6, 1995; May 1, 1995; February 1, 1995. 

.0502 MARINE TERMINALS 

(a) The provisions of the Occupational Safety and Health 
Regulations for Marine Terminals, Title 29 of the Code of 
Federal Regulations Part 1917, promulgated as of October 15, 
1997, and exclusive of subsequent amendments are 
incorporated by reference except that in 29 CFR 
1917.1(a)(2)(vi) the identical application of 1910.1200(b)(6)(ii) 
is amended to read as specified in 13 NCAC 07F.0101. 

(b) The provisions of 29 CFR 1917 shall apply only to 
public sector employees of local governments or of the State of 
North Carolina. 

History Note: Authority G.S. 95-131; 1508-21. 6; 

Eff. December 1, 1993; 

Amended Eff. July. L 1998; October 15, 1997; November 1, 

1994; August 1, 1994. 



.0301 AGRICULTURE 

The provisions for the Occupational Safety and Health 
Standards for Agriculture, Title 29 of the Code of Federal 
Regulations Part 1928, promulgated as of October 15, 1997, 
and exclusive of subsequent amendments, are incorporated by 



TITLE 15 A - DEPARTMENT OF ENVIRONMENT 
AND NATURAL RESOURCES 

CHAPTER 7 - COASTAL MANAGEMENT 



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SUBCHAPTER 7H - STATE GUIDELINES 
FOR AREAS OF ENVIRONMENTAL CONCERN 

SECTION .0400 - PUBLIC WATER SUPPLIES 

.0406 PUBLIC WATER SUPPLY WELL FIELDS 

(a) Description. Public water supply well fields are areas of 
well -drained sands that extend downward from the surface into 
the shallow ground water table which supplies the public with 
potable water. These surficial well fields are confined to a 
readily definable geographic area as identified by the North 
Carolina Department of Environment and Natural Resources 
with assistance and support from affected local governments. 

(b) Use Standards. Development within these AEC's shall 
be consistent with the following minimum standards: 

(1) No ground absorption sewage disposal or subsurface 
pollution injection systems shall be placed within the 
designated AEC boundary except to replace systems 
existing as of July 24, 1987; 

(2) Development shall not significantly limit the quality 
or quantity of the public water supply or the amount 
of rechargeable water; 

(3) The development shall not cause salt water intrusion 
or result in the discharge of toxic or soluble 
contaminants into standing or groundwater; and 

(4) Groundwater absorption sewage treatment systems 
may also be used within the AEC boundary if each of 
the following provisions are met: 

(A) the system is serving development on a lot that 
was platted of record as of July 24, 1987; 

(B) there is no other economically viable method 
of waste treatment for the permittable 
development of such lot; 

(C) there is no .space outside the boundaries of the 
AEC on the lot upon which the treatment 
system could be located; and 

(D) the Division of Environmental Health, 
Department of Environment and Natural 
Resources, prior to the CAMA permit 
decision, reviews and approves the proposed 
system as complying with existing rules. 

(c) Designated public water supply well field. The CRC has 
designated the following as a public water supply well field 
which shall be subject to the use standards as set out in 
Paragraph (b) of this Rule: 

(1) Cape Hatteras Well Field. The County of Dare is 
supplied with raw water from a well field located 
south of N.C. 12 on Hatteras Island between Frisco 
and Buxton. The area of environmental concern is 
bounded by a line located 1,000 feet from the 
centerlines of three tracts. The first tract is identified 
as "well field" on maps entitled "Cape Hatteras 
Wellfield Area of Environmental Concern" approved 
by the Coastal Resources Commission on July 24. 
1987, and extends approximately 12,000 feet west 
from Water Association Road. The second tract is 
conterminous with the first tract, is identified as 



"future well field" on said maps and extends 
approximately 8,000 feet to the east of Water 
Association Road. The third tract is identified as 
"future well field" on said maps and extends 
approximately 6,200 feet along the National Park 
Service boundary east of Water Association Road. 
The aquifer beneath the tracts serves as the sole 
source of drinking water for the communities of 
Avon, Buxton, Frisco, and Hatteras as well as the 
national seashore recreation area. The wetlands, 
swales, and surface waters adjacent to the well field 
provide a large source of recharge and are a potential 
vehicle for contaminants. Due to these facts 
contamination of the water supply could have an 
adverse effect on people other than the local residents 
of Hatteras Island. Water-borne disease organisms 
could be easily transported to other areas of the state 
or the east coast by tourists who are attracted to the 
area daily. 

Hislory Note: Authority G.S. 113A-W7(a): 113A-107(b); 

]13A-113(b)(3)a.: I13A-124; 

Eff. September 9, 1977: 

Amended Eff. December 1 . 1997: April 1, 1995: May 1. 1990: 

October 1. 1987: November 1, 1984. 

SUBCHAPTER 7M - GENERAL POLICY 
GUIDELINES FOR THE COASTAL AREA 

SECTION .0300 - SHOREFRONT ACCESS POLICIES 

.0301 DECLARATION OF GENERAL POLICY 

(a) The public has traditionally and customarily had access to 
enjoy and freely use the ocean beaches and estuarine and public 
trust waters of the coastal region for recreational purposes and 
the State has a responsibility to provide continuous access to 
these resources. It is the policy of the State to foster, improve, 
enhance and ensure optimum access to the public beaches and 
waters of the 20 county coastal region. Access shall be 
consistent with rights of private property owners and the 
concurrent need to protect important coastal natural resources 
such as sand dunes and coastal marsh vegetation. 

(b) The State has created an access program for the purpose 
of acquinng, improving and maintaining waterfront recreational 
property at frequent intervals throughout the coastal region for 
pedestrian access to these important public resources. 

(c) In addition, some properties, due to their location, are 
subject to severe erosion so that development here is not 
possible or feasible. In these cases, a valid public purpose may 
be served by the donation, acquisition and improvement of 
these properties for public access. 

Histor\' Note: Authority G.S. 113A-124; 113A-134.1: 

113.4-134.3: 

Eff. March 1. 1979: 

Amended Eff. Janiian L 1998: March 1. 1988; March 1. 

1985: Julv 1. 19S2. 



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.0306 LOCAL GOVERIVMENT AND STATE 
INVOLVEMENT IN ACCESS 

(a) Coastal Waterfront access in the 20-county coastal area 
is a concern of local, state, regional and national importance. 
As such, the NCCMP can provide some guidance as to location 
of facilities that are of multi-regional and regional significance. 
The local government, however, has the primary responsibility 
for identifying local, neighborhood and regional accessways 
through Its land use plan policies and local access plan. 

( 1 ) A local policy in a land use plan sets the community 
objectives for access; a local govenmient may 
determine that public access is not a pressing issue 
and thus develop a policy of private sector access 
provision and no public involvement. Similarly local 
governments may: 

(i) identify numerous access needs and develiap 

local policy to pursue access funding; 
(ii) develop a local access plan; and 
(iii) solicit access sites through corporate 
assistance. 

(2) A local access plan shall identify needs and 
opportunities, determine access and facility 
requirements, establish local standards, and develop 
specific project design plans or guidelines by 
appropriate site. A local plan shall consider both 
financial resource availability (such as grants, impact 
fees or hotel/motel tax revenues) and construction 
timing. It shall establish local priorities and devise 
a system for armual evaluation of the plan. 

(3) Local governments may also include provisions in 
local subdivision ordinances that require access for 
waterfront developments or require payment in lieu 
of access for non-water dependent subdivisions. The 
principle here is that, as land is subdivided and more 
people become residents, access and other recreation 
demands will follow. 

(4) Dedicated street stub outs may be acceptable for 
accessways. 

(b) The NCCMP has primary responsibility for 
administering the coastal access program. Armually, the 
Division of Coastal Management (DCM) will solicit for pre- 
application proposals from local governments and will select 
competitive projects for full application submittal. A group of 
these final applications will be selected for funding based on 
guidelines in Rule 7M .0305 of this Section and anticipated 
fund availability. 

(c) DCM will ensure all projects funded through the annual 
grant program are making reasonable progress throughout 
project implementation and ensure that completed projects are 
operated and maintained for access purposes. 

History Note: Authority G.S. 1 I3A-I24; 1 13A-134 3; 
Eff. January 1. 1998. 

f .0309 COMPLIANCE WITH THE NORTH 

CAROLINA ENVIRONMENTAL POLICY 



ACT 

The public access program shall comply with the 
requirements of the North Carolina Environmental Policy Act 
(NCEPA) and rules adopted by the Department of Environment 
and Natural Resources concerning NCEPA implementation as 
set out in 15A NCAC IC .0201 - .0504. Future amendments 
by the Department shall be deemed to be incorporated into this 
Rule pursuant to G.S. 150B-14(c). 

History Note: Authority G.S. 113A-2; U3A-124: 
Eff. July 1. 1990: 

Recodified from .0306 Eff. Januarx L 1998: 
Amended Eff. January 1. 1998. 

CHAPTER 8 - WATER POLLUTION CONTROL 

SYSTEM OPERATORS CERTnCATION 

COMMISSION 

SUBCHAPTER 8F - CERTinCATION OF 

OPERATORS OF ANIMAL WASTE 

MANAGEMENT SYSTEMS 

SECTION .0100 - GENERAL PURPOSE/DEFINITIONS 

.0102 DEFINITIONS 

(a) "Animal waste management system operator" means a 
person that has been certified by the Certification Commission 
as a Type A Animal Waste Management System Operator or as 
a Type B Animal Waste Management System Operator. 

(b) "Appropriate examination" means an examination that 
has been approved by the Certification Commission. 

(c) "Approved training program" means a training program 
that has been approved by the Certification Commission in 
cooperation with the Cooperative Extension Service. 

(d) "Certified operator" means a person who holds a 
currently valid certification as an animal waste management 
system operator. 

(e) "Certification Commission" means the Water Pollution 
Control System Operators Certification Commission 
(WPCSOCC) created by G.S. 1438-300. The Certification 
Commission's mailing address is PC Box 29535, Raleigh, NC 
27626-0535. 

(f) "Contract animal waste management system operator" 
means any certified animal waste operator who contracts with 
the owner or person in control of an animal operation pursuant 
to G.S. 9QA-47.2(b). 

(g) "Currently valid certification" means that all training and 
certification requirements pursuant to G.S. 90A- 47.3(b) and 
G.S. 90A-47.4 have been completed. 

(h) "Emergency circumstances" means any extraordinary 
meteorological event, natural catastrophe, or equipment failure 
that threatens the integrity of the animal waste management 
system. 

(i) "Person under the supervision of an Operator in Charge" 
means a person who takes directions from the Operator in 
Charge and who may only land apply animal waste when the 
Operator in Charge is available for consultation and advice at 



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any time during the application of animal waste. 

Histon.' Note: Authority G.S. 90A-35: 90A-43: 90A-47: 

1 43 B- 300: 

Temporary' Adoption Eff. Januar\- 7. 1997: 

Eff. August I. I99S. 

SECTION .0200 - DUTIES AND REQUIREMENTS 

.0201 DUTIES AND REQUIREMENTS OF 0\MSERS 

(a) The owner of each animal operation having an animal 
waste management system shall submit a letter to the 
Certification Commission which designates an Operator in 
Charge. This letter shall be signed by the owner and the 
certified operator and be submitted to the Certification 
Commission. The Operator in Charge shall be designated: 

(1) before a new animal operation having an animal 
waste management system is placed in operation; or 

(2) within 30 days after a new Operator in Charge is 
designated. 

(b) An owner may voluntarily designate a back-up Operator 
in Charge to operate the animal waste management s\stem 
during the absence of the primary Operator in Charge. 

Histoid- Note: Authont\' G.S. 90A-44: 90.4-47: I43B-300: 
Temporary Adoption Eff. January 7. 1997: 
Eff. .August I. I99S. 

SECTION .0400 - CERTIFICATION OF 
OPERATORS 

.0403 Al'I'I ICATION PROCEDl RES 

(a) An application being filed for examination shall be 
postmarked b\ the I'mied States Postal Service at least 30 da\ s 
prior to the date upon which the examination is scheduled to be 
administered and the appropriate fee must accompany the 
application 

(bt Upon receipt of the application by the Certification 
Commission, ihc application will be re\iewed b\' the 
desigiiee(s') of the Certification Commission for eligibilit>' to 
t.ike the exaimnation. The applicant will be notified by letter, 
which will ser\e as the receipt for the examination fee. ot 
his her eligibility and will be advised of the date, tune and 
place of the examination. In cases where the applicant is 
ineligible for examination, the applicant will also be notified bv 
letter and ad\ised of the reason for ineligibilii\ . The 
examination fee will be refunded in the event that the applicant 
is determined to be ineligible lor the examination. Upon 
notification of iiieligibilii\. the applicant may request a hearing 
to be heard In the Certification Commission at the next 
regularly schcxiulai ineeiing. relative to the ineligibility. Such 
requests must be in writing and shall be submiiied postmarked 
at least 30 ilays prior to the next regularly scheduled meeting. 
Aii\ applicant who inteniioii.ilh supplies t'alse information on 
the application for certification for the purjiose of gaining 
eligibiliiN. will lie ineligible for the cxanimaiion and will forfeit 
the cx.iiiiiiialion tee, .Xiiplicanis who ha\e inicniionallv 



supplied false information and w ho hase been determined to be 
ineligible who wish to reapph for cenification shall follow the 
procedure set forth in Rule .0407(d) of this Section. 

Histor.' Note: Authority G.S. 90A-39: 90A-47: 1438-300: 
Temporary- Adoption Eff. January 7. 1997: 
Eff. Aug ust 1. 1998. 

CHAPTER 18 - ENVIRONMENTAL HEALTH 

SUBCHAPTER 18A - SANITATION 

SECTION .1900 - SEWAGE TREATMENT AND 
DISPOSAL SYSTEMS 

.1938 RESPONSIBILITIES 

(a) The permitting of wastewater s\stem shall be the 
responsibility of agents authorized b> the State in accordance 
with G.S. 130A-40. 130A-50. and registered with the State of 
North Carolina Board of Sanitarian Examiners if required in 
G.S. 90A Article 4. 

(b) The person owning or controlling the system shall be 
responsible for assuring compliance with the laws, rules, and 
permit conditions regarding system location, installation, 
operation, maintenance, monitoring, reporting, and repair. 

(c) Prior to the issuance of an Improvement Permit or 
Construction Authorization, plans and specifications may be 
required by the local health department where there is an 
unsuitable soil or unsuitable characteristic and shall be required 
for drainage systems serving two or more lots. These plans and 
specifications shall be required to be prepared b\' a person or 
persons who are licensed or registered to consult, investigate, 
evaluate, plan or design wastewater s\stems. soil and rock 
charactenstics, ground water hsdrology. or drainage systems if 
required in G.S. 89C, S9E, 89F, and 90A Anicle 4. 

(d) .\n>' wastewater system which meets one or more of the 
following conditions shall be designed b\' a registered 
professional engineer if required by G.S. 89C: 

{\ ) The SNStem is designed to handle over 3,000 gallons 
per da>'. as detemimed in Rule . 1949(a) or {.b) of this 
Section, except where the sNStem is limited to an 
individual septic tank system sening an individual 
dwelling unit or se\eral individual septic tank 
s> stems, each serxing ;ui indnidual dwelling unit. 

(2) The SNStem requires pretreatment before disposal, 
other than by a conventional septic or other system 
appaned under Rule . 1957 or . 1969 of this Section. 

(}) The system requires use of sewage pumps prior to 
the septic tank or other pretreatment s\stem, except 
for systems subject to the North Carolina Plumbing 
code or which consist of grinder pumps and 
associated pump basins that are appro\ed and listed 
in accordance witli standards adopted b\ the National 
Sanitation Foundation. 

(4) The indnidual s\stem is required b\ Rule .1^52 of 
this Stvtion to use more than one pump or siphon in| 
a single pump tank. 



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(5) The system includes a collection sewer, prior to the 
septic tank or other pretreatment system, which 
serves two or more buildings, except for systems 
subject to the North Carolina Plumbing Code. 

(6) The system includes structures which have not been 
pre-engineered. 

(7) The system is designed for the collection, treatment 
and disposal of industrial process wastewater, except 
under the following circumstances: 

(A) the State has determined that the wastewater 
generated by the proposed facility has a 
pollutant strength which is lower than or equal 
to domestic sewage, and does not require 
specialized pretreatment or management, or 

(B) the State has pre-approved a predesigned 
pretreatment system or process and 
management method proposed by the facility 
owner which shall enable the industrial 
process wastewater to have a pollutant 
strength which is lower than or equal to 
domestic sewage. 

(8) Any other system serving a business or multi-family 
dwelling so specified by the local health department. 

(e) The State shall review and approve the system layout on 
a site plan or plat, plans and specifications for all systems 
serving a design unit with a design flow greater than 3,000 
gallons per day, as determined in Rule .1949(a) or (b) of this 
Section, except: 

(1) where the system is limited to an individual septic 
tank system serving an individual dwelling unit or 
several individual septic tank systems, each serving 
an individual dwelling unit, or 

(2) where the system consists of individual septic tank 
systems, each serving an individual facility, and 
which meets all of the following criteria; 

(A) each individual system's design flow does not 
exceed 1500 gallons per day, as determined in 
Rule . 1949(a) or (b) of this Section, 

(B) the site for the nitrification field and repair 
area for each individual system is at least 20 
feet from any other individual system site, and 

(C) the design wastewater loading on the lot or 
tract of land containing the design unit is less 
than 1 ,500 gallons per day per acre for new or 
expanded systems and 3,000 gallons per 
day/acre for malfunctioning systems. 

(f) The state shall also review and approve plans and 
specifications for any industrial process wastewater system 
required by this Section to be designed by a registered 
professional engineer and any other system so specified by the 
local health department. 

(g) For systems that require State review and approval: 
(1) An improvement permit shall not be issued unless the 

site plan or plat and system layout, including details 
for any proposed site modifications, are approved. 
A Construction Authorization shall not be issued 
unless plans and specifications, including methods of 



operation and maintenance, are approved. 

(2) Prior to issuance of the operation permit for a system 

required to be designed by a registered professional 

engineer, the owner shall submit to the local health 

department a statement signed by a registered 

professional engineer stating that construction is 

complete and in accordance with approved plans and 

specifications and approved modifications. Periodic 

observations of construction and a final inspection 

for design compliance by the certifying registered 

professional engineer or his representative shall be 

required for this statement. The statement shall be 

affixed with the registered professional engineer's 

seal. 

(h) Plans and specifications required to be prepared by a 

registered professional engineer shall contain the information 

necessary for construction of the system in accordance with 

applicable rules and laws and shall include any of the 

following, determined to be applicable by the local health 

department or the State: 

(1) the seal, signature, and the date on all plans and the 
first sheet of specifications; specifications and reports 
prepared by the design engineer and licensed or 
registered professionals who contributed to the plans, 
specifications, or reports; 

(2) a description of the facilities served and the 
calculations and basis for the design flow proposed; 

(3) a site plan based on a surveyed plat showing all 
system components, public water supply sources 
within 500 feet, private water supplies and surface 
water supplies within 200 feet, water lines serving 
the project and within 10 feet of all components, 
building foundations, basements, property lines, 
embankments or cuts of two feet or more in vertical 
height, swimming pools, storm sewers, interceptor 
drains, surface drainage ditches, and adjacent 
nitrification fields; 

(4) specifications describing all materials to be used, 
methods of construction, means for assuring the 
quality and integrity of the finished product, and 
operation and maintenance procedures addressing 
requirements for the system operator, inspection 
schedules, residuals management provisions, process 
and performance monitoring schedules, and 
provisions for maintaining mechanical components 
and nitrification field vegetative cover; 

(5) plan and profile drawings for collection sewers, force 
mains and supply lines, showing pipe diameter, 
depth of cover, cleanout and manhole locations, 
invert and ground surface elevations, valves and 
other appurtenances, lateral connections, proximity 
to utilities and pertinent features such as wells, water 
lines, storm drains, surface waters, structures, roads, 
and other trafficked areas; 

(6) plans for all tanks, showing capacity, invert and 
groimd elevations, access manholes, inlet and outlet 
details, and plans for built-in-place or 



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nonstate-approved, precast tanks, also showing 
dimensions, reinforcement details, liquid depth, and 
other pertinent construction features; 

(7) calculations for pump or siphon sizing, pump curves, 
and plan and profile drawings for lift stations and 
effluent dosing tanks, showing anti-buoyancy 
provisions, pump or siphon locations, discharge 
piping, valves, vents, pump controls, pump removal 
system, electrical connection details, and activation 
levels for pumps or siphons and high-water alarms; 

(8) plan and profile drawings for wastewater treatment 
plants and other pretreatment systems, including 
cross-section views of all relevant system 
components, and data and contact lists from 
comparable facilities for any non-standard systems; 

(9) plans for nitrification field and repair area, based on 
an evaluation and report prepared by a person 
licensed or registered to practice soil science, if 
required in G.S. 89F showing the following: 

(A) field locations with existing and final relative 
contour lines based on field measurements at 
inten'als not exceeding two feet or spot 
elevations if field areas are essentially fiat or 
of uniform grade; 

(B) field layout, pipe sizes, length, spacing, 
coimection and clean out details, invert 
elevations of flow distribution devices and 
laterals, valves, and appurtenances; 

(C) trench plan and profile drawings and flow 
distribution device details; and 

(D) location and design of associated surface and 
groundwater drainage systems; and 

(10) any other information required by the local health 
department or the State. 

(i) The entire wastewater sewage system shall be on property 
owned or controlled by the person owning or controlling the 
system. Necessary easements, right of ways, or encroachment 
agreements, as applicable, shall be obtained prior to the 
issuance of a Construction Authorization for the system 
installation or repair. Terms of the easement, right-of-way or 
encroachment agreement shall provide that the easement, right- 
of-way, or encroachment agreement: 

(1) is appurtenant to specifically described property and 
runs with the land and is not affected by change of 
ownership or control; 

(2) is valid for as long as the wastewater system is 
required for the facility that it is designed to serve; 

(3) describes and specifies the uses being granted and 
shall include ingress and egress, system installation, 
operation, maintenance, monitoring, and repairs: 

(4) specifies by metes and bounds description or attached 
plat, the area or site required for the wastewater 
system and appurtenances including a site for any 
required system replacement; and 

(5) shall be recorded with the register of deeds in the 
county where the system and facility is located. 



History Note: Authority G.S. 89C; 89E; 89F; 90A; 130A- 

335(e); 130A-335(f); 

Eff. July I, 1982; 

Amended Eff. January 1, 1990; April 1. 1985; 

Temporary Amendment Eff. January 20, 1997; 

Amended Eff. Aug ust 1. 1998. 

.1958 NON-GROUND ABSORPTION SEWAGE 
TREATMENT SYSTEMS 

(a) Where an approved privy, an approved septic tank 
system, or a connection to an approved public or community 
sewage system is impossible or impractical, this Section shall 
not prohibit the state or local health department from permitting 
approved non-ground absorption treatment systems utilizing 
heat or other approved means for reducing the toilet contents to 
an inert or stabilized residue or to an otherwise harmless 
condition, rendering such contents noninfectious or 
noncontaminating. Alternative systems shall be designed to 
comply with the purposes and intent of this Section. 

(b) Holding tanks shall not be considered as an acceptable 
sewage treatment and disposal system. An improvement permit 
shall not be issued for a sewage holding tank for any new 
construction. However, an Authorization to Construct may be 
issued for a holding tank for pumping and hauling of 
wastewater effluent to a wastewater system approved under this 
Section when the owner has provided a showing that a 
malfunctioning system cannot otherwise be repaired by 
connection to a system approved under this Section or to a 
system approved under the rules of the Environmental 
Management Commission. Pumping and hauling wastewater 
effluent shall be performed by a septage management firm 
permitted in accordance with G.S. 130A-291.1. 

(c) Incinerating, composting, vault privies, and mechanical 
toilets shall be approved by the state agency or local health 
department only when all of the wastewater is handled by a 
system approved under this Section. 

(d) Sewage recycling systems which discharge treated 
waste-water meeting the state drinking water standards may be 
used only for toilet flushing and recycled sewage shall not be 
used for body contact or human consumption. Such systems 
must be approved by the state or local health department. 

(e) Chemical or portable toilets for human waste may be 
approved in accordance with G.S. 130A-335. Chemical or 
portable toilets shall have a watertight waste receptacle 
constructed of nonabsorbent, acid resistant, noncorrosive 
material. 

History Note; Authority G.S. 89C; 89E; 89F; 90A; 130A- 

335; 

Eff. July 1, 1982; 

Amended Eff. August 1, 1991; January 1, 1990; 

Temporary Amendment Eff. January 20, 1997; 

Amended Elf. Aug ust L 1998. 



TITLE 17 - DEPARTMENT OF REVENUE 



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CHAPTER 4 - LICENSE AND EXCISE TAX 
DIVISION 

SUBCHAPTER 4B - LICENSE TAXES 

SECTION .0100 - GENERAL ADMINISTRATION 

.0109 MAIL-ORDER BUSINESS 

History Note: Authority G.S. 105-33: 105-262; 

Eff. June 11. 1977: 

Amended Eff. January 1. 1994; 

Repealed iff. December 1. 1997. 

SECTION .0200 - AMUSEMENTS: TRAVELING 

THEATRICAL COMPANIES: 

OUTDOOR THEATRES 

.0203 PART TIME 

History Note: Authority G.S. 105-36.1: 105-262: 
Eff. Februan.- 1. 1976: 
Amended Eff. October 30. 1981; 
Repealed Eff. December 1. 1997. 

SECTION .0300 - AMUSEMENTS NOT 
OTHERWISE TAXED 



1990. 

SECTION .0600 - ATTORNEYS AT LAW 
AND OTHER PROFESSIONALS 

.0615 SUSPENSION OF PROFESSIONAL LICENSES 

Superior coun judges have the authority under G.S. 
105-4 1(g) to suspend the professional license of a person who 
fails to pay the tax imposed by G.S. 105-41 . 

History Note: Authority' G.S. 105-41; 105-262; 
Eff. Februar\- 1. 1976; 
Amended Eff. August 1. 1998. 

SECTION .0900 - COLLECTING AGENCIES 

.0901 ELECTRICITY BILLS 
.0902 MAIL COLLECTION 

History Note: Authority G.S. 105-45; 105-262; 
Eff. February 1. 1976; 
Amended Eff. October 30. 1981; 
Repealed Eff. December 1. 1997. 

SECTION .1300 - PEDDLERS 

.1302 ICES 



.0308 DRAG STRIPS 

A drag strip operation for which an admission is charged to 
the spectators is subject to liability under G.S. 105-37.1. The 
license fee under this Section is treated as an advance payment 
upon the three percent gross receipts tax due on the admission 
charges. Form B-205, Report of Gross Receipts Tax, is due 
monthly, not later than the tenth of the month. When a drag 
strip is operated where spectator fees are not charged, but a fee 
is charged to the individuals for the use of the track for their 
own entenainment the fees are not subject to the gross receipts 
tax. 

History Note: Authority G.S. 105-37.1; 105-262; 

Eff. Februar\- 1. 1976: 

Amended Eff. December L 1997; Januar\ 1. 1994; Julx 1. 

1990. 

.0309 GO-CART RACES 

(a) A go-cart race for which an admission is charged to the 
spectators is subject to the license and three percent gross 
receipts tax imposed under G.S. 105-37.1. 

(b) If a person operates a go-cart track where spectator fees 
are not charged, but a fee is charged to individuals for the use 
of the track for their own entenainment, the fees are not subject 
to the gross receipts tax. 

History Note: Authority G.S. 105-37.1: 105-262; 

Eff. Februarx 1. 1976; 

Amended Eff. December L 1997: Janiiar\- 1. 1994; July 1. 



History Note: Authority G.S. 105-53; 105-262; 
Eff. Februars- 1. 1976; 
Repealed Eff. December 1 . 1997. 

.1305 OTHER APPLICABLE LICENSES DUE 

History Note: Authority G.S. 105-33; 105-53; 105-105; 

105-262; 

Eff. February 1. 1976; 

Amended Eff. January 1. 1994; July 1. 1990; July I. 1988; 

Repealed Elf. December 1. 1997. 

.1306 PEDDLING BY FOOT VS PEDDLING BY 
VEHICLE 

History Note; Authority- G.S. 105-53; 105-262; 

Eff. June 11. 1977; 

Amended Eff. January 1. 1994; 

Repealed Eff. December 1. 1997. 

SECTION .1400 - CONTRACTORS AND 
CONSTRUCTION COMPANIES 

.1401 PROJECT LICENSE NOT PRORATED 

.1402 DATE DUE 

.1403 CEDED AREAS 

.1404 BUILDING ON LAND OWNED BY BUILDER 

.1405 AIR CONDITIONING 

.1406 PAINTING CONTRACTOR 



12:16 



NORTH CAROLINA REGISTER 



February 16, 1998 



1580 



APPROVED RULES 



.1407 ELEVATORS AND AUTOMATIC 
SPRINKLERS 

History Note: Authority G.S. 105-54; 105-262: 
Eff. February 1, 1976: 

Amended Eff. January 1. 1994; October 30, 1981; 
Repealed Eff. December 1. 1997. 

SECTION .1600 - DAY-CARE FACILITIES 

.1601 NUMBER LICENSED BY BOARD 
.1602 GO VERNTVIENTAL FACILITIES 

History Note; Authority G.S. 105-60; 105-262: 
Eff. February 1. 1976: 
Amended Eff. Jul\ 1, 1990; 
Repealed Eff December 1. 1997. 

SECTION .1700 - HOTELS: MOTELS: TOURIST 

COURTS: TOURIST HOMES: 

CAMPGROUNDS: TRAILER PARKS 

.1703 RESTAURANT LICENSE LIABILITY 

.1704 YMCAORYWCA 

.1705 SLIMMER CAMP 

.1706 CmJRCH ASSEMBLY 

History Note; Authority G.S. 105-61; 105-62; 105-102.5; 

105-262; 

Eff. Februar\- 1. 1976; 

Amended Eff. July 1, 1990; October 30, 1981; 

Repealed Eff December 1. 1997. 

. 1709 HOTELS CHARGING AD^USSION TO 
ENTERTAINMENT 

History Note; Authority- G.S. 105-33; 105-37.1; 105-61; 

105-262; 

Eff. July 1. 1984; 

Repealed Eff. December 1. 1997. 

SECTION .1800 - RESTAURANTS 

.1803 CAFETERIAS FOR EMPLOYEES 

.1804 HOSPITALS 

.1805 CLUBS: COMMERCIAL OPERATION 

.1806 CLL^S: NONCOMMERCIAL OPERATION 

History Note; Authority G.S. 105-62; 105-262; 
Eff. February 1, 1976; 
Amended Eff. October 30, 1981; 
Repealed Eff December 1. 1997. 

.1807 PREPARED FOOD 

.1808 CHAIN STORE LICENSE FOR TAKE-OLT 

OPERATION 
.1809 OUTSIDE SEATING 



.1810 



CATERING SERVICE 



History Note; Authority G.S. 105-62; 105-98; 105-262; 
Eff. June 11, 1977; 
Amended Eff. July 1, 1990; 
Repealed Eff December 1. 1997. 



{ 



.2002 



SECTION .2000 - MUSIC MACHINES 
COIN-OPERATED RADIO OR TELEVISION 



History Note; Authority G.S. 105-65; 105-262; 
Eff. February 1, 1976; 
Repealed Eff December 1. 1997. 

SECTION .2100 - MERCHANDISING DISPENSERS 
AND WEIGHING MACHINES 

.2113 EMPTY CUP 

.2114 COFFEE AND HOT CHOCOLATE 

History Note; Authoritx G.S. 105-65. 1; 105-102.5; 105-262; 

Eff. February 1, 1976; 

Amended Eff. July 1. 1990; July 1, 1979; 

Repealed Eff December 1. 1997. 

.2116 PHOTOSTAT AND PHOTOGRAPH 
MACHINES 

History Note: Authority G.S. 105-65.1; 105-102.5; 105-262; 

Eff. February 1, 1976; 

Amended Eff. July 1. 1990: July 1, 1979; 

Repealed Eff. December 1, 1997. 

.2117 DUAL PURPOSE VENDING MACHEVE 

History Note: Authority G.S. 105-65.1; 105-102.5; 105-262; 

Eff. June 11, 1977; 

Amended Eff. Juh 1. 1990; July 1, 1979; 

Repealed Eff December 1. 1997. 

SECTION .2200 - BAGATELLE TABLES, 

MERRY-GO-ROUNDS, ETC., AND 

ELECTRONIC VIDEO GAMES 

.2209 ELECTRONIC VIDEO GAMES 

History Note: Authority G.S. 105-66.1; 105-262; 

Eff. July 1. 1984; 

Repealed Eff. December 1, 1997. 

SECTION .2300 - PACKINGHOUSES 

.2302 HAL\TNG OR QUARTERING ONLY 
.2303 COLD STORAGE ROOM 

History Note: Authorm- G.S. 105-70; 105-262; 



1581 



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February 16, 1998 



12:16 



APPROVED RULES 



Eff. February 1, 1976: 
Repealed Eff. December 1. 1997. 



» 



SECTION .2400 - PRESSING CLUBS: DRY 
CLEANING PLANTS: AND HAT BLOCKERS 

.2401 RUGS ONLY 

.2402 CLEANING FURNITURE IN THE HOME 

History Note: Authority G.S. 105-74: 105-262; 
Eff. February 1. 1976: 
Repealed Eff. December 1. 1997. 

SECTION .3000 - LAUNDRIES 

.3001 EDUCATIONAL INSTITUTIONS 
.3002 RUGS ONLY 

History Note: Authority G.S. 105-85: 105-262; 
Eff. February 1. 1976: 
Repealed Eff. December 1. 1997. 

.3004 INDUSTRIAL RAGS AND WIPERS 

History Note: Authority G.S. 105-85: 105-262; 
Eff. February 1. 1976: 
Repealed Eff December 1. 1997. 

.3006 DIAPER SERVICES 

History Note: Authority G.S. 105-85: 105-262; 
Eff. February 1. 1976: 
Amended Eff. January 1, 1994; 
Repealed Eff. December 1. 1997. 



Amended Eff. January 1. 1994; 
Repeated Eff. December 1. 1997. 

.3406 NO TRANSFER FEE FOR CITY-WIDE 

LICENSE 

.3407 FINANCE COMPANIES 

.3408 SELF-SERVICE CAR WASH 

History Note: Authority G.S. 105-89; 105-102.5; 105-262; 
Eff. February 1, 1976; 

Amended Eff. January 1, 1994; July 1. 1990: July 1, 1979; 
Repealed Eff. December 1. 1997. 

.3409 GROCERY STORE SALES OF AUTOMOTIVE 

PRODUCTS 
.3410 AUTOMOBILE AUCTION 
.3411 CAR BROKERS 
.3412 MOBILE SERVICE AND REPAIR 

History Note: Authority G.S. 105-89; 105-262; 
Eff. June 11. 1977; 
Amended Eff. July 1. 1990; 
Repealed Eff. December 1. 1997. 

.3413 APPLYING FULL YEAR AND HALF-YEAR 

LICENSE 
.3414 GARAGE SELLING TO ANOTHER GARAGE 

History Note: Authority G.S. 105-89; 105-262; 
Eff. April I, 1986; 
Amended Eff. July 1, 1990: 
Repealed Eff. December 1. 1997. 

SECTION .3500 - MOTORCYCLE DEALERS 



SECTION .3100 - OUTDOOR ADVERTISING 

.3101 ADVERTISING BY CANDIDATE FOR PUBLIC 

OFFICE 
.3102 SUPPLEMENTAL APPLICATION 

History Note: Authority G.S. 105-86; 105-262; 
Eff. February 1. 1976; 
Repealed Eff December 1. 1997. 

SECTION .3400 - AUTOMOBILE: WHOLESALE 
SUPPLY DEALERS: AND SERVICE STATIONS 

.3401 APPLICABILITY OF LICENSE TO 

ANOTHER 
.3402 PARKING FACILITIES 
.3403 AUTO DEALER LICENSE COVERS OTHER 

ACTIVITY 
.3404 RECAPPING TIRES ONLY 

' Histon Note: Authority G.S. 105-89; 105-262; 
Eff. Februan 1. 1976; 



.3501 MOTORS INSTALLED TO FRAMES: MO-PEDS 
.3502 CHAIN STORE LICENSE 

History Note: Authority G.S. 105-89.1; 105-102.5; 105-262; 

Eff. February 1, 1976; 

Amended Eff. October 30, 1981; June 1. 1979; 

Repealed Eff. December 1. 1997. 

SECTION .3600 - EMIGRANT AND EMPLOYMENT 
AGENTS 

.3601 LIABILITY FOR TWO LICENSES 
.3602 AGENCIES PROVIDING TEMPORARY 
WORKERS 

History Note: Authority G.S. 105-90; 105-262; 
Eff. February 1. 1976: 
Repealed Eff. December 1. 1997. 

SECTION .3700 - PLUMBERS: HEATING 
CONTRACTORS: AND ELECTRICIANS 



12:16 



NORTH CAROLINA REGISTER 



February 16, 1998 



1582 



APPROVED RULES 



.3702 ONE LICENSE COVERS ALL ACTIVITIES 
LISTED 

History Note: Authority G.S. 105-91 ; 105-262; 
Eff. February L 1976: 
Repealed Eff. December 1. 1997. 

.3704 STRUCTURES SUPPORTING ELECTRICAL 
FIXTURES 

Histors- Note: Authority G.S. 105-91: 105-262; 

Eff. June 11, 1977: 

Amended Ejf. January- 1, 1994; 

Repealed Eff. December 1. 1997. 

SECTION .3900 - MANUFACTURERS OF ICE 
CREAM 

.3902 ICE CREAM DEFINED FOR TfflS SECTION 

History Note: Authority G.S. 105-97; 105-262; 
Eff. February 1, 1976: 
Repealed Eff. December 1. 1997. 

SECTION .4000 - BRANCH OR CHAIN STORES 

.4001 ABC STORES 

History Note: Authority G.S. 105-98; 105-262; 
Eff. February 1, 1976; 
Repealed Eff. December 1. 1997. 

.4003 BEACH STAND OR STORE 

.4004 COAL DEALER 

.4005 EXEMPTION: WHOLESALE SALE 

History Note: Authority G.S. 105-98; 105-262; 
Eff. February 1, 1976; 

Amended Eff. January 1. 1994; October 30, 1981; 
Repealed Eff. December 1. 1997. 

.4007 LEASED DEPARTMENTS 

.4008 MEAT PACKINGHOUSES 

.4009 PARTNERSHIP AND CORPORATION 

.4010 REDEMPTION STORES 

.4011 RESTAURANTS 

.4012 UNDERTAKING 

.4013 WAREHOUSE 

.4014 VVTIOLESALE AND RETAIL SIMILAR IN 
CHARACTER 

History Note: Authority' G.S. 105-98; 105-262: 

Eff. February 1, 1976; 

Amended Eff. January' 1, 1994: July 1, 1984; June 11. 1977; 

Repealed Eff December 1. 1997. 

SECTION .4100 - WHOLESALE DISTRIBUTORS OF 



.4101 
.4102 



MOTOR FUELS 

SUPPLEMENTAL FORM 

ACTING AS DISTRIBUTOR AND RETAILER 



History Note: Authority G.S. 105-99; 105-262; 
Eff. February 1, 1976; 
Repealed Eff December 1. 1997. 

SECTION .4300 - MANNER OF OBTAINING 
LICENSES FROM SECRETARY OF REVENUE 

.4301 APPLICATION FOR PRIVILEGE LICENSE 

Form B-202, the preaddressed application for privilege 
license, is mailed the early part of June to the address of the 
preceding year's license. Form B-202A, the nonpreaddressed 
application for privilege license, may be obtained either by 
writing to North Carolina Department of Revenue, Business 
License and Returns Unit, PC Box 25000, Raleigh, NC 27640, 
or by contacting a branch office of the Department of Revenue. 
Either form may be used in making an application for a 
privilege license. Remittance of tax due must accompany any 
application for license. 

History Note: Authority G.S. 105-104; 105-262; 

Eff. February 1. 1976; 

Amended Eff. December L 1997; July 1, 1984. 

SECTION .4500 - GENERAL BUSINESS 

.4501 SMALL TWO-WHEEL VEHICLE 

.4502 BOTTLER SELLING DRINK DISPENSERS 

.4503 NOT SPECinCALLY MENTIONED 

.4504 GOVERNMENT CAMPGROUNDS 

.4505 COLLEGE UNION 

.4506 PRISON CAMPS 

.4507 VETERANS CLUBS 

.4508 COMNHSSARY 

.4509 MUNICIPALITY 

.4510 FEDERAL GOVERNMENT 

.4511 STATE GOVERNMENT 

.4512 CREDIT UNIONS 

.4513 SCHOOL LUNCHROOM 

.4514 GOVERNMENTAL ACTIVrTY 

.4515 NONPROFIT PRIVATE CLUBS 

.4516 SHUFFLEBOARD, PINBALL AND BOWLING 

MACHINES 

.4517 SKI SLOPES: ICE SKATING AND ROLLER 

RINKS 

.4518 SEVERAL OPERATORS AT ONE LOCATION 

.4519 FREE RECORD WITH PURCHASE OF 

MERCHANDISE 

.4520 FLASHLIGHT BATTERIES 

History Note: Authority G.S. 105-102.5; 105-262; 

Eff. February 1, 1976; 

Amended Eff. October 30. 1981: Julx 1. 1979; June 11. 1977; 



1583 



NORTH CAROLINA REGISTER 



February 16, 1998 



12:16 



APPROVED RULES 



17 XCAC 4B .4501 is Transferred 
NCAC 4B .1102 Eff. Julx 1. 1990: 
17 NCAC 4B .4502 is Transferred 
NCAC 48 . 1202 Eff. Julx 1. 1990: 
17 NCAC 48 .4503 is Transferred 
NCAC 48 .1203 Eff. July 1. 1990: 
17 NCAC 48 .4504 is Transferred 
NCAC 48 . 1 708 Eff. July 1. 1990: 
17 NCAC 48 .4505 is Transferred 
NCAC 4B .1902 Eff. July 1. 1990: 
17 NCAC 48 .4506 is Transferred 
NCAC 48 .2602 Eff. July 1. 1990: 
17 NCAC 48 .4507 is Transferred 
NCAC 48 .2603 Eff. July 1. 1990: 
17 NCAC 48 .4508 is Transferred 
NCAC 48 .2604 Eff. July 1. 1990: 
17 NCAC 48 .4509 is Transferred 
NCAC 48 .2605 Eff. July 1. 1990: 
17 NCAC 48 .4510 is Transferred 
NCAC 48 .2108 Eff. July 1, 1990: 
17 NCAC 48 .4511 is Transferred 
NCAC 48 .21 10 Eff. July 1. 1990: 
17 NCAC 48 .4512 is Transferred 
NCAC 48 .2111 Eff. July 1. 1990. 
17 NCAC 48 .4513 is Transferred 
NCAC 48 .2112 Eff. July 1. 1990: 
17 NCAC 48 .4514 is Transferred 
NCAC 48 .2202 Eff. July 1. 1990: 
17 NCAC 48 .4515 is Transferred 
NCAC 48 .2203 Eff. July 1, 1990: 
17 NCAC 48 .4516 is Transferred 
NCAC 48 .2204 Eff. July 1. 1990: 
17 NCAC 48 .4517 is Transferred 
NCAC 48 .2205 Eff. July 1, 1990: 
17 NCAC 48 .4518 is Transferred 
NCAC 48 .2207 Eff. July 1, 1990: 
17 NCAC 48 .4519 is Transferred 
NCAC 48 .2801 Eff. July 1, 1990: 
17 NCAC 48 .4520 is Transferred 
NCAC 48 .2802 Eff. July 1, 1990: 
Amended Eff. January 1, 1994: July 
Repealed Eff. December 1. 1997. 

.4521 SHORTWAVE RADIOS 



and Recodified from 1 7 
and Recodified from 1 7 
and Recodified from 17 
and Recodified from 1 7 
and Recodified from 1 7 
and Recodified from 1 7 
and Recodified from 1 7 
and Recodified from 17 
and Recodified from 1 7 
and Recodified from 1 7 
and Recodified from 1 7 
and Recodified from 1 7 
and Recodified from 1 7 
and Recodified from 17 
and Recodified from 1 7 
and Recodified from 1 7 
and Recodified from 1 7 
and Recodified from 1 7 
and Recodified from 1 7 
and Recodified from 17 
1. 1990: 



SECTION .0400 - PULLMAN: SLEEPING: 
CHAIR AND DINING CARS 

.0403 FORM TO BE USED FOR HLING 

History Note: Authority G.S. 105-117: 105-262: 
Eff. Eebruary 1. 1976: 
Amended Eff. January 1, 1994: 
Repealed Eff. December 1. 1997. 

SECTION .0500 - EXPRESS COMPANIES 

.0503 FORM TO BE USED FOR nLING 

History Note: Authority G.S. 105-118: 105-262: 
Eff. Eebruary 1. 1976: 
Amended Eff. January 1 , 1 994: 
Repealed Eff December 1. 1997. 

SUBCHAPTER 5C - CORPORATE INCOME TAX 

SECTION .1800 - COMPUTING TAXABLE 
PERCENTAGES ON DIVIDENDS 



.1801 
.1802 

.1803 



.1804 

.1805 
.1806 



TAXABLE PERCENTAGES/DIVIDENDS 

NO RETURN nUED IN YEAR ENDED 

SEPTEMBER 30 

TWO RETURNS nUED BY A 

CORPORATION DURING TWELVE MONTH 

PERIOD 

CHANGE EN NAME OR IN STATE OF 

INCORPORATION 

AMENDED AND ADJUSTED RETURNS 

MERGERS 



History Note: Authority G.S. 105-130. 7: 105-262: 
Eff. February 1, 1976: 

Amended Eff. January 1. 1994: April 1. 1991; 
Repealed Eff. December 1. 1997. 

CHAPTER 7 - SALES AND USE TAX 

SUBCHAPTER 7B - STATE SALES AND 
USE TAX 



History Note: Authority G.S. 105-102.5: 105-262: 

Eff. June 11, 1977: 

17 NCAC 48 .4521 is Transferred and Recodified from 17 

NCAC 48 .2804 Eff. July 1. 1990: 

Amended Eff. July 1, 1990: 

Repealed Eff . December 1. 1997. 

CHAPTER 5 - CORPORATE INCOME AND 
FRANCHISE TAX DIVISION 

SL^CHAPTER 5B - FRANCHISE TAX 



SECTION .0100 - GENERAL PROVISIONS 

.0117 PROPERTY TRANSFERS BETWEEN 
DIVISIONS 

Firms having divisions, both within and without North 
Carolina, are liable for remitting the applicable rate of tax on 
any purchases of tangible personal property for use in North 
Carolina, including any property purchased outside North 
Carolina and imported into North Carolina for use in this state. 
No tax will be due with respect to those transfers of property 
by an out-of-state firm to its North Carolina divisions for their 
use when the property was originally purchased for use outside 



12:16 



NORTH CAROLINA REGISTER 



Eebruary 16, 1998 



1584 



APPROVED RULES 



this state by the out-of-state tirm and was in fact used by that 
film outside this state for a substantial period of time. 

History Note: Authority G.S. 105-164.6: 105-262: 

Eff. February 1, 1976: 

Amended Eff. December L 1997: October 1. 1993. 

.0123 COMMERCIAL HSHERMEN AND THE 
COMMERCIAL HSHERMAN'S 
CERTinCATE 

(a) A Commercial Fisherman's Certificate. Form E-558, 
may be completed by a person who fishes commercially and 
accepted by a retail or wholesale merchant as the merchant's 
authority to sell to a commercial fisherman boats, fuel oil, 
lubricating oils, machinery, equipment, nets, rigging, paints, 
parts, accessories and supplies, such as paint brushes, 
acetylene, oxygen, paint rollers, funnels, sanding discs, 
welding rods, saw blades, drill bits, and similar property, 
including foul weather gear, gloves and life vests, for use by 
them principally in commercial fishing operations without 
charging and remitting any sales or use tax thereon. 
Commercial fishing operations is defined in G.S. 113-152. 
Commercial fishing operations include charter boat and head 
boat operators when they operate under a charter or as a head 
boat taking f)eople fishing for hire, but does not include persons 
principally taking fish for recreation or personal use or 
consumption. 

(b) To be exempt from sales or use tax under the provisions 
of G.S. 105-164.13(9), the property must be of a t\pe named 
therein and must be sold to persons for use by them principally 
in commercial fishing operations. 

(c) Each certificate shall be prepared in duplicate and a copy 
retained by the commercial fisherman and by the merchant. 

(d) The certificate may not be used to purchase food, 
clothing, or other personal effects of commercial fishermen 
other than foul weather gear, gloves, and life vests for use in 
commercial fishing operations. Sales to commercial fishermen 
of tableware, toothpaste, soap, or other personal effects of 
commercial fishermen are subject to the four percent State tax 
and any applicable local sales or use tax. Sales to commercial 
fishermen of food are subject to State tax at the rate set in G.S. 
105-164. 4(a)(5) and any applicable local sales tax. 

(e) Persons who catch fish or other seafood for recreation or 
their own use or consumption and not for sale are not eligible 
to tise a Commercial Fisherman's Certificate. Sales of tangible 
personal property to persons for use in taking marine mammals, 
shellfish, crustaceans, and all other fishes for recreational or 
personal use or consumption are subject to the four percent 
state tax and any applicable local sales or use tax. 

(f) Vendors that do not choose to use the Commercial 
Fisherman's Certificate must maintain other evidence in writing 
adequate to support the conclusion that such sales are exempt 
from tax in accordance with the provisions of G.S. 105- 
164.13(9). 



History Note: Authority' 
105-164.13: 105-262: 



G.S. 105-164.4: 105-164.6: 



Eff. July 5, 1980: 

Amended Eff. .August L 1998: November 1, 1995: April 1. 

1995: October 1. 1993: July 1, 1989. 

SECTION .0400 - SPECIFIC INDUSTRIES 

.0404 ELECTRIC POWER COMPANIES 

( a) Sales of the following items of tangible personal property 
to firms engaged in generating, producing or processing electric 
power to be distributed to consumers are subject to the one 
percent sales or use tax with a maximum tax of eighty dollars 
(S80.00) per anicle: 

(1) all production machinery and accessories thereto; all 
machinery controls located within a power plant or a 
plant substation; and control gates and control valves 
located at the dam site for regulating flow of water to 
turbines: 

(2) control panel boards located within the powerhouse 
and their connecting wiring; 

(3) bus bars conducting electric current from generator 
to powerhouse substation transformer; 

(4) powerhouse pumping equipment for drainage; 

(5) all pumping equipment for transferring transformer 
oil from storage tank to powerhouse transformers, or 
fuel oil to emergency generator motors; 

(6) electric traveling cranes built into powerhouse 
strucmres for handling turbines, generators and 
transformers in making installations or repairs; 

(7) distribution and power transformers; capacitors; 
induction feeder voltage and constant current 
regulators; de-ion gaps and expulsion type cutouts 
for transformers: relays; oil switches; sectionalizing 
switches; lightning arresters; arcing horns and gaps; 
watt-hour and panel control meters but not testing or 
laboratory equipment and meters; Current and 
potential transformers used in metering equipment 
are also included as machinery and accessories. 

(b) Sales of the following iteins of tangible personal property 
to electric power companies are subject to the four percent state 
tax and any applicable local sales or use tax: 

(1) materials for the construction, repair or maintenance 
of powerhouses and powerhouse transformer 
stations; 

(2) materials for dams, penstocks, and canals; pipes or 
ducts carrying water to turbines; 

(3) all lines, wiring, poles, bracing, cross-arms, 
insulators, or any other materials going into or 
constituting a part of a power line structure used for 
distribution of power or current; 

(4) all storage tanks, including those located in or used 
in connection with the powerhouse; 

(5) all tools and maintenance equipment used separate 
and apart from those items classified as production 
machinery and equipment. 

(c) The gross receipts derived by a utility from the sale of M 
electricity are subject to State sales tax. The rate that applies ^ 
depends on the person to whom the electricity is sold and the 



1585 



NORTH CAROLINA REGISTER 



February 16, 1998 



12:16 



APPROVED RULES 



purpose for which the electricity is used. Gross receipts 
derived from sales of electricity to farmers, manufacturers, 
laundries, and dry cleaners for one of the purposes described in 
G.S. 105-164. 4(a)(lf) are subject to State sales tax at the rate 
of 2.83 percent. All other gross receipts from sales of 
electricity are subject to State sales tax at the rate of 3 percent. 

The gross receipts upon which the tax is due is the total 
amoimt for which electricity is sold, including any charges for 
services that go into the production or delivery of the electricity 
and that are a part of the sale valued in money, whether paid in 
money or otherwise, and including any amount for which credit 
is given to the purchaser by the seller without any deduction on 
account of the cost of the electricity sold, the cost of materials 
used, labor or service costs, interest charged, losses, or any 
other expenses whatsoever. Therefore, all charges for tangible 
personal property and services provided in the production and 
delivery of electricity to customers are a part of the gross 
receipts from the sale of electricity upon which the tax is due 
notwithstanding that some charges may be billed separately to 
the customers from the charge for the metered service. 

The following list describes specific charges and states 
whether the charges are taxable gross receipts: 

(1) Electric service meter charges are a part of gross 
receipts subject to sales tax. 

(2) The basic service charges to the customer, whether or 
not the customer uses metered service, are a part of 
the gross receipts from the sale of electricity subject 
to sales tax. 

(3) Security deposit interest paid to customers on 
deposits are not subject to sales tax. 

(4) Conservation discounts on electric service metered 
charges are exempt from sales tax when the discounts 
reduce the amount the customer is billed for the 
charges. 

(5) Service charges made to customers when the 
company first supplies electricity under any 
applicable metered rate schedule are a part of gross 
receipts from sales of electricity subject to sales tax. 

(6) Construction charges to new customers for extending 
a utility's facilities to these customers are a part of 
the gross receipts from sales of electricity subject to 
sales tax. 

(7) Underground service charges to residential, 
commercial, and industrial customers who are served 
by underground facilities are a part of the gross 
receipts from sales of electricity subject to sales tax. 

(8) Temporary service charges for installing and 
removing a service of a temporary nature are a part 
of gross receipts from the sale of electricity subject 
to sales tax. 

(9) Advance payments for temporary service that are 
collected prior to meter installation and customer 
account establishment are a part of gross receipts 
from the sale of electricity subject to sales tax. If the 
amount charged to the customer is in excess of the 
amount due by the customer for this service it shall 
be refimded to the customer, including the sales tax. 



(10) Charges for providing customers additional facilities 
to furnish service are a pan of gross receipts from the 
sale of electricity subject to sales tax notwithstanding 
that the facilities are requested by the customers. 

(11) Charges for transformers that constitute charges for 
additional equipment furnished as a part of the 
electric service are subject to sales tax. 

(12) Charges for transformers under bona fide rental 
agreements are subject to the four percent state tax 
and any applicable local sales or use tax and the tax 
on the rentals must be reported monthly on Sales and 
Use Tax Report Form, E-500. 

(13) Area lighting charges for area lighting service that is 
available to customers for the purpose of lighting 
private streets, private driveways, and other outdoor 
areas by the means of mercury vapor or sodium 
vapor units constitute receipts from the sale of 
electricity subject to sales tax. 

(14) Residential subdivision street lighting charges for 
services supplied in the lighting of residential 
dedicated public streets by means of mercury vapor 
and sodium vapor lighting units are a part of gross 
receipts from sales of electricity subject to sales tax. 

(15) The amounts actually charged to customers for 
electricity consumed for the billing period are the 
amounts on which the sales tax is due and tax is to be 
charged notwithstanding that the customers may be 
under equal pay agreements. 

(16) Charges for recoimecting service to customers after 
service has been terminated for nonpayment are a 
part of gross receipts from sales of electricity subject 
to sales tax. 

(17) Sales of electricity to manufacturing industries and 
plants, laundries, dry cleaning plants, and fanners 
are subject to sales tax. 

(18) A utility must report receipts from sales of electricity 
on an accrual basis. The receipts are to be reflected 
on the Utilities and Municipalities Sales Tax Report, 
Form E-500E. 

(19) Load control discounts on electric service metered 
charges for residential customers that reduce the 
amoimt by which the customer is billed are not a part 
of the sale of electricity on which sales tax is due. 

(20) Charges to customers for supplying information 
through energy or time pulses are not a part of the 
sale of electricity subject to sales tax if the customer 
already has the facilities for electric service in place. 

(21) Demand profile charges or pulse data charges for 
demand information as requested by a customer are 
not a part of gross receipts from the sale of electricity 
subject to sales tax. 

(22) Energy audit amounts charged to customers for a 
comprehensive energy audit provided by a utility are 
not a part of gross receipts from sales of electricity 
subject to sales tax. 

(23) Late payment charges billed on a balance that was 
not paid on the previous month's bill are not a part 



12:16 



NORTH CAROLINA REGISTER 



February 16, 1998 



1586 



APPROVED RULES 



of gross receipts of sales of electricity subject to sales 
tax. 

(24) Return check charges for checks received by a utility 
in payment of an account and returned by the bank 
because of insufficient funds are not a pan of gross 
receipts from the sale of electricity subject to sales 
tax. 

(25) Home energy loan amounts that represent the amount 
due under The Help Loan Program are not a part of 
gross receipts from the sale of electricity. 

(26) Loan late payment charges for an amount due under 
the loan program that is not paid in accordance with 
the loan agreement are not gross receipts from the 
sale of electricity subject to sales tax. 

(27) Sales of electricity directly to the United States 
Government or any agency thereof are not subject to 
sales or use tax. In order to be a sale to the United 
States Government, the government or agency 
involved must make the purchase of electricity and 
pay directly to the vendor the purchase price of the 
electricity. While a utility's sales directly to the 
United States Government or an agency thereof are 
exempt from sales tax, a utility must obtain a 
purchase requisition from each agency for its 
records. 

(28) Sales of electricity directly to the North Carolina 
Department of Transportation or any division thereof 
are not subject to sales or use tax. In order to be a 
sale to the North Carolina Department of 
Transportation, the Division involved must make the 
purchase of electricity and pay directly to the vendor 
the purchase price of the electricity. While a utility's 
sales directly to the North Carolina Department of 
Transportation or a division thereof are exempt from 
sales tax, a utility must obtain a purchase requisition 
from each division for its records. 

(29) Sales of electricity to registered electric membership 
cooperatives and to registered municipalities for 
resale are exempt from sales tax when the sales are 
supported by properly completed Certificates of 
Resale, Form E-590. Electric membership 
cooperatives and mimicipalities selling electricity 
must add and collect sales tax on their gross receipts 
from the sale of electricity. When paying the sales 
tax imposed on electricity, a utility may take the 
deduction allowed under G.S. 105-164. 21A. 

(30) Accounts of purchasers representing taxable sales on 
which sales tax has been paid that are found to be 
worthless and are actually charged off for income tax 
purposes may, at corresponding periods, be deducted 
from gross sales. Any amount that is deducted and 
subsequently collected must be added to gross sales. 

(31) Local sales taxes do not apply to gross receipts 
derived by a utility from sales of electricity. Local 
sales taxes apph' to receipts from sales and leases of 
tangible personal propert>- that are subject to the four 
percent state rate of tax. 



History Note: Authority G.S. 105-164.3; 105-164.4; 

105-164.6; 105-164.21A; 105-262; 

EJf. February 1, 1976; 

Amended Eff. Aug ust L 1998; October 1, 1993; October 1. 

1991; June 1. 1985. 

SECTION .1100 - SALES OF BULK TOBACCO 
BARNS: FARM MACHINES AND MACHINERY 

.1123 CERTAIN SALES TO COMMERCLVL ANIMAL 
FARMERS 

For the purpose of this Rule, the word "animal" means 
swine, cattle, horses, mules, sheep, chickens, turkeys, fish, and 
other similar domestic animals held or produced for commercial 
purposes. The word "commercial" means held or produced for 
income or profit does not include the production of animals for 
one's personal use or consumption and not for sale. 
Commercial animal farmers, contractors performing contracts 
with commercial animal farmers, and subcontractors 
performing contracts with general contractors who contract 
with commercial animal farmers may obtain a Commercial 
Animal Farmer's Certificate, Form E-599S, from the Office 
Services Division, Taxpayer Assistance Section, of the North 
Carolina Department of Revenue, to be executed by them and 
furnished to their vendors to establish the vendors' authority to 
exempt purchases by them from sales and use taxes. If a Form 
E-599S is properly executed, a vendor is relieved of liability 
for any additional tax found to be due with reference to a sale 
for which the vendor did not charge sales tax in reliance on the 
certificate. By executing the certificate, the purchaser assumes 
liability for any sales tax subsequently determined to be due. 
The vendor is not protected in this manner without the 
certificate. Vendors that do not choose to use the Commercial 
Animal Farmer's Certificate must maintain other written 
evidence adequate to support the conclusion that a sale is 
exempt from tax in accordance with the provisions of G.S. 
105-164. 13(4c). 

History Note; Authority G.S. 105-164.4; 105-164.6; 105- 

164.13; 105-262; 

Eff. February 1. 1976; 

Amended Eff. August L 1998; August 1, 1996; May 1, 1995; 

October 1. 1993; June 1. 1992; February 1, 1988. 

SECTION .1700 - SALES TO OR BY THE 

STATE: COUNTIES: CITIES: AND OTHER 

POLITICAL SUBDIVISIONS 

.1703 SALES TO STATE OR LOCAL 
GOVERNMENTS 

Sales of food products and other tangible personal property 
to the State of North Carolina or an agency of the State, other 
than the Department of Transportation, for use and not for 
resale are subject to applicable State and local sales and use 
taxes. Sales to the Department of Transportation are exempt 
from State and local sales and use taxes. Sales of good 
products and other tangible personal property to a political 



1587 



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February 16, 1998 



12:16 



APPROVED RULES 



' 



' 



• 



subdivision of the State for use and not for resale are subject to 
applicable State and local sales and use ta,\es. 

Histon Note: Authority G.S. 105-164.4; 105-164.6: 105- 

164.13: 105-262: 

Eff. February 1. 1976: 

Amended Eff. Aug ust L 1998: October 1. 1993: October 1. 

1991: Julx 5. 1980. 

SECTION .2100 - ELECTRICITY: PIPED NATURAL 

GAS: BOTTLED GAS: COAL: COKE: BUEL OIL: 

OXYGEN: ACETYLENE: HYDROGEN: 

LIQUEFIED PETROLEUM GAS AND 

OTHER COMBUSTIBLES 

.2101 ELECTRICITY, PIPED NATURAL GAS, 
AND OTHER FUEL 

(a) Sales of bottled gas, coal, coke, fuel oil, oxygen, 
acetylene, hydrogen, liquefied petroleum gas, or other 
combustibles to users or consumers are subject to the four 
percent state tax and any applicable local rate of sales or use tax 
except those sales exempt from tax under G.S. 105-164. 13 and 
those sales subject to a lower rate of tax under G.S. 105-164.4. 
The gross receipts derived by a utility from sales of electricity 
and piped natural gas to users are subject to State tax. The tax 
rate depends on the person to whom the electricity or piped 
natural gas is sold and the purpose for which it will be used. 
Gross receipts derived from sales of electricity or piped natural 
gas to farmers, manufacturers, laundries, and dry cleaners for 
one of the purposes described in G.S. 105-164. 4(a)( If) are 
subject to State sales tax at the rate of 2.83 percent. All other 
gross receipts from sales of electricity are subject to State sales 
tax at the rate of 3 percent. The gross receipts derived by a 
utility from sales of electricity and piped natural gas are not 
subject to the local sales or use tax. The gross receipts derived 
from the sale of electricity by a municipality whose only 
wholesale supplier of electric power is a federal agency and 
who is required by contract with that federal agency to make 
payments in lieu of taxes are not subject to tax. Sales to a small 
power production facility of fuel for use by the facility to 
generate electricity are exempt from sales or use tax. 

(b) The gross receipts derived by a utility from sales of 
piped natural gas are subject to tax at the applicable rate. The 
tax is to be added as a separate item to the charges for piped 
natural gas. Gross receipts upon which the tax is due is the 
total amount for which the piped natural gas is sold, including 
any charges for services that go into the production or delivery 
of the gas and that are a part of the sale valued in money, 
whether paid in money or otherwise, and including any amount 
for which credit is given to the purchaser by the seller without 
any deduction on account of the cost of gas sold, the cost of 
materials used, labor or service costs, interest charged, losses, 
or any other expense whatsoever. Therefore, all charges for 
tangible personal propeny and services provided in the 
production and delivery of gas to the purchaser are a part of the 
sale of piped natural gas upon which the tax is due 
notwithstanding that some charges may be billed separately to 



the customer for the metered service. 

The following list describes specific charges for piped natural 
gas and states whether the charges are taxable gross receipts; 

(1) A utility must report receipts from sales of piped 
natural gas on an accrual basis. The applicable tax 
must be separately stated on the bill to each 
customer. A sale by a utility of piped natural gas is 
considered to accrue when the utility bills the 
customer for the sale. The applicable tax is due on 
gross receipts derived from the sale of piped natural 
gas without any deduction for any franchise tax that 
is due. The receipts must be reflected on the Utilities 
and Municipalities Sales Tax Report, Form E-500E, 
which is to be filed monthly on or before the date set 
in G.S. 105-164. 16(c). 

(2) Service charges to customers when the company first 
supplies gas under any applicable rate schedule are a 
part of gross receipts from sales of gas subject to tax. 

(3) The amounts actually charged to customers for piped 
natural gas consumed for the billing period are the 
amounts on which the tax is due and tax is to be 
charged notwithstanding that the customers may be 
under equal pay agreements. 

(4) Charges for reconnecting service to customers after 
service has been terminated for nonpayment are a 
part of gross receipts from sales of piped natural gas 
subject to sales tax. 

(5) Sales of piped natural gas to a manufacturer that 
enters into or becomes an ingredient or component 
part of the manufactured product are exempt from 
sales tax. 

(6) Sales of piped natural gas directly to the United 
States Government or any agency thereof are not 
subject to sales tax. In order to be a sale to the 
United States Government, the Government or 
agency involved must make the purchase of piped 
natural gas and pay directly to the vendor the 
purchase price of the piped natural gas. While a 
utility's sales directly to the United States 
Government or an agency thereof are exempt from 
sales tax, a utility must obtain a purchase requisition 
one time from each agency for its records. 

(7) Sales of piped natural gas to registered utility 
companies for resale are exempt from sales tax when 
the sales are supported by properly completed 
Certificates of Resale, Form E-590. 

(8) Energy audit amounts charged to customers for a 
comprehensive energy audit provided by a utility are 
not a part of gross receipts from sales of piped 
natural gas subject to sales tax. 

(9) Late payment charges billed on a balance that was 
not paid on the previous month's bill are not a part 
of gross receipts of sales of piped natural gas subject 
to sales tax. 

(10) Return check charges for checks received by a utility 
in payment of an account and returned by the bank 
because of insufficient funds are not a part of gross 



12:16 



NORTH CAROLINA REGISTER 



February 16, 1998 



1588 



APPROVED RULES 



receipts from the sale of piped natural gas subject to 
sales tax. 

(11) Accounts of purchasers representing taxable sales on 
which the sales tax has been paid that are found to be 
worthless and are actuall>' charged off for income tax 
purposes may, at corresponding periods, be deducted 
from gross sales. Any amount that is deducted and 
subsequently collected must be added to gross sales. 

(12) Local sales taxes do not apply to gross receipts 
derived by a utility from sales of electricity. Local 
sales taxes apply to receipts from sales and leases of 
tangible personal property that are subject to the four 
percent state rate of tax. 

(c) Sales of fuel, other than electricity and piped natural gas, 
for residential heating purposes are subject to the four percent 
state tax and any applicable local sales or use tax. Sales of coal 
in its original state are exempt from tax when the sales are 
made by the producer, or the producer's agent, in the capacity 
of a producer and the coal is delivered to the purchaser directly 
from the mine. 

History Note: Auihoriry G.S. 105-164.4; 105-164.6: 

105-164.13: 105-164.16: 105-262: 

Eff. Februarx 1, 1976: 

Amended Eff. August L 1998: October 1. 1993: October 1. 

1991: May 1. 1990: August 1, 1986. 

SECTION .4000 - FERTILIZER: SEEDS: 
FEED AND LNSECTICIDES 

.4003 FEED, REMEDIES, VACCINES, 

MEDICATIONS, AND LITTER .MATERIAL 
FOR ANEVIALS 

Sales of remedies, vaccines, medications, litter materials, and 
feed for animals, including cattle, horses, mules, sheep, 
chickens, turkeys, bees, and fish, held or produced for 
commercial purposes are exempt from sales or use tax. The 
terms "remedies" and "medications" mean all medicines in the 
generally accepted sense of the term and also include tonics for 
internal use, vitamins, ointments, liniments, antiseptics, 
anesthetics, and other medicinal substances having preventive 
and curative properties in the prevention, treatment, or cure of 
disease in animals. The term "feed" includes dietary 
supplements, such as minerals, oyster shells, salt, bone meal, 
and other similar preparations or compounds, to be fed directly 
or to be mixed with feed for animals for normal growth, 
maintenance, lactation, or reproduction, but does not include 
sand or grit. Retail sales of sand or grit for use in the 
production of animals are subject to the four percent state tax 
and any applicable local sales or use tax. Retail sales of 
remedies, vaccines, medications, litter materials, and feed for 
pets, such as birds, cats, and dogs, are subject to the four 
percent state tax and any applicable local sales or use tax. 

Histon,- Note: Authority G.S. 105-164.4: 105-164.13: 

105-262: 

Eff. February 1. 1976: 



Amended Eff. August L 1998: October 1. 1993; October 1. 
1991: May 1, 1990: May 11. 1979. 

.4009 RIDLNG STABLES 

A riding stable is considered a commercial enterpnse. Feed fl 
for horses owned by or boarded at a riding stable is therefore 
exempt from, sales and use tax. Charges by riding stables for 
riding privileges are also exempt from the tax. 

Histor\- Note: Authority G.S. 105-164.13: 105-262: 
Eff. February 1, 1976: 
Amended Eff. August 1. 1998. 



TITLE 21 - OCCLTATIONAL LICENSING 
BOARDS 

CHAPTER 4 - CONLMISSION FOR AUCTIONTERS 



SL^CHAPTER 4B 



AUCTIONEER LICENSING 
BOARD 



SECTION .0200 - APPLICATION FOR LICENSE 

.0202 HLING ANT) FEES 

(a) Properly completed applications must be filed (received, 
not postmarked) in the Board office at least seven days prior to 
an established Board meeting date, or in the case of an 
application for auctioneer examination, at least 10 days prior to 
a scheduled examination and must be accompanied by all 
required documents. 

(b) License fees are as follows: 



(1) 



(2) 



(3) 
(4) 



(5) 
(6) 



(7) 



(8) 
(9) 



(10) 
(c) 



New auctioneer license for an applicant who did not 
serve an apprenticeship SI 75. 00 

This includes a Sl(X).00 aimual license fee; S50.00 
application fee; and S25.CX) examination fee. 
New auctioneer license for an apprentice 
auctioneer SI 25. 00 

This includes a SlOO.OO aimual license fee; and 
S25.00 examination fee. 

Renewal of auctioneer license SlOO.OO 

New apprentice auctioneer license SlOO.OO 

This includes a S50.CKI license fee and a S50.00 
application fee. 

Renewal of apprentice auctioneer license 
New auction firm license (no examination 



S 50.00 
S150.00 

This includes a SlOO.OO annual license fee: and 
S50.00 application fee. 

New auction firm license (examination) S175.(X) 
This includes a S100.(X) aimual license fee; S50.00 
application fee; and S25.CX) examination fee. 
Renewal of an auction firm license SlOO.OO 

Application and processing fee for conversion of 
non-resident reciprocal license to in-state 
license S 25.00 

Reinstatement of lapsed license fee S 25.00 

Fees may be paid in the form of a cashier's check. 



1589 



NORTH CAROLINA REGISTER 



Februan 16, 1998 



12:16 



RULES REVIEW COMMISSION 



certified check or money order made payable to the North 
Carolina Auctioneer Licensing Board. Checks drawn on 
escrow or trust accounts shall not be accepted. Personal checks 
may be accepted for payment of renewal fees. 

History Note: Authority G.S. 85B-4. 1; 85B-6; 

EJf. November 1, 1984; 

Amended Eff. Mx L 1998: April 1, 1996; January 1, 1995; 

April 1, 1989. 

CHAPTER 16 - BOARD OF DENTAL EXAMINERS 

SUBCHAPTER 161 - ANNUAL RENEWAL OF 
DENTAL HYGIENIST LICENSE 

.0002 CONTINUING EDUCATION REQUIRED 

As a condition of license renewal, each dental hygienist must 
complete a minimum of six clock hours of continuing education 
each calendar year. Two of the six hours clock hours may be 
acquired through home study courses. For home study course 
hours to be counted towards this continuing education 
requirement, the hygienist must successfully complete a test 
following the course and obtain a certificate of completion. 
Current certification in CPR is required in addition to the 
mandatory continuing education hours. 

History Note: Authority G. S. 90-225. 1 ; 

Ejf. May 1, 1994; 

Amended Eff. August 1. 1998. 

SUBCHAPTER 16R - CONTINUING EDUCATION 
REQUIREMENTS: DENTISTS 

.0001 CONTINUING EDUCATION REQUIRED 

As a condition of license renewal, every dentist must 
complete a minimum of 15 clock hours of continuing education 
each calendar year. Three of the 15 clock hours may be 
acquired through home study courses. For home study courses 
to be counted towards this continuing education requirement, 
the dentist must successfully complete a test following the 
course and obtain a certificate of completion. Current 
certification in CPR is required in addition to the mandatory 
continuing education hours. 

History Note: Authority G. S. 90-31 . 1 ; 

Ejf. May 1, 1994; 

Amended Eff. Aug ust 1. 1998. 



12:16 NORTH CAROLINA REGISTER February 16, 1998 1590 



RULES REVIEW COMMISSION 



1 his Section contains the agenda for the next meeting of the Rules Review Commission on Thursday. February' 19. 1998. 
10:00 a.m.. at 1307 Glenwood Ave., Assembly Room, Raleigh, NC. Anyone wishing to submit written comment on any rule 
before the Commission should submit those comments to the RRC staff, the agency, and the individual Commissioners b\ 
Monday. February 16, 1998. m 5:00 p.m. Specific instructions and addresses may be obtained from the Rules Revie^v 
Conunission at 919-733-2721. Anyone wishing to address the Commission should notify the RRC staff and the agency at 
least 24 hours prior to the meeting. ^^^ 



RULES REVIEW CONIMISSION MEMBERS 



Appointed by Senate 

Teresa L. Smallwood, Vice Chairman 

Jim Funderburke 

Vemice B. Howard 

Philip O. Redwine 

David Twiddy 



Appointed by House 

Paul Powell, Chairman 

Anita White, T^ Vice Chairman 

Mark Garside 

Steve Rader 

George Robinson 



RULES REVIEW COMMISSION MEETING DATES 



February 19, 1998 
March 19, 1998 



April 15, 1998 
May 21, 1998 



COMMERCE 



RULES REVIEW OBJECTIONS 



Community Assistance 

4 NCAC 19L .0401 - General 

Agency Revised Rule 
4 NCAC 19L .0404 - Grant Category Allocation 

Agency Revised Rule 
4 NCAC 19L .0505 - Selection Catena 

Agency Revised Rule 
4 NCAC 19L .0707 - Eligibility Requirements 

Agency Revised Rule 
4 NCAC 19L .0708 - Selection Criteria 

Agency Revised Rule 
4 NCAC 19L .0911 - Recordkeeping 

Agency Revised Rule 
4 NCAC 19L .1009 - Housing Rehabilitation 

Agency Revised Rule 
4 NCAC 19L .1011 - Lead-Based Paint 

Agency Revised Rule 
4 NCAC 19L . 1303 - Selection Criteria 

Agency Revised Rule 
4 NCAC 19L .1703 - Selection Criteria 

Agency Revised Rule 
4 NCAC 19L . 1804 - Size of Loan Approvals 

Agency Revised Rule 
4 NCAC 19L .1805 - Selection Criteria 

Agency Revised Rule 

COMMLWITY COLLEGES 

23 NCAC lA .0001 - Definitions 



RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 



RRC Objection 



11/20/97 
12/18/97 
11/20/97 
12/18/97 
11/20/97 
12/18/97 
11/20/97 
12/18/97 
11/20/97 
12/18/97 
11/20/97 
12/18/97 
11/20/97 
12/18/97 
11/20/97 
12/18/97 
11/20/97 
12/18/97 
11/20/97 
12/18/97 
11/20/97 
12/18/97 
11/20/97 
12/18/97 



01/15/98 



1591 



NORTH CAROLINA REGISTER 



February 16, 1998 



12:16 



RULES REVIEW COMMISSION 



23 SCAC 2D .0301 - Operating Budget Requests: Distribution of Funds 

23 SCAC 2D .0327 - Reporting Student Membership Hours to the Department 



RRC Objection 
RRC Objection 



01/15/98 
01/15/98 



E>rvmONMENT, HEALTH, AND NATURAL RESOURCES 



Coastal Resources Commission 

ISA NCAC 7H .1104 - General Conditions 

Agency Revised Rule 

Agency Revised Rule 
15A NCAC 7H .1304 - General Conditions 

Agency Revised Rule 

Agency Revised Rule 
15A NCAC 7H .1404- General Conditions 

Agency Revised Rule 

Agency Revised Rule 
ISA NCAC 7H . 1504 - General Conditions 

Agency Revised Rule 

Agency Revised Rule 
ISA NCAC 7H .1704 - General Conditions 

Agency Revised Rule 

Agency Revised Rule 
ISA NCAC 7H .1804 - General Conditions 

Agency Revised Rule 

Agency Revised Rule 
ISA NCAC 7H .1904- General Conditions 

Agency Revised Rule 

Agency Revised Rule 
ISA NCAC 7H .2004 - General Conditions 

Agency Revised Rule 

Agency Revised Rule 
ISA NCAC 7H .2104 - General Conditions 

Agency Revised Rule 

Agency Revised Rule 
ISA NCAC 7M .0303 - Policy Statements 

Agency Revised Rule 



RRC Objection 
RRC Objection 
Obj. Removed 
RRC Objection 
RRC Objection 
Obj. Removed 
RRC Objection 
RRC Objection 
Obj. Removed 
RRC Objection 
RRC Objection 
Obj. Removed 
RRC Objection 
RRC Objection 
Obj. Removed 
RRC Objection 
RRC Objection 
Obj. Removed 
RRC Objection 
RRC Objection 
Obj. Removed 
RRC Objection 
RRC Objection 
Obj. Removed 
RRC Objection 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 



11/20/97 
12/18/97 
01/15/98 
11/20/97 
12/18/97 
01/15/98 
11/20/97 
12/18/97 
01/15/98 
11/20/97 
12/18/97 
01/15/98 
11/20/97 
12/18/97 
01/15/98 
11/20/97 
12/18/97 
01/15/98 
11/20/97 
12/18/97 
01/15/98 
11/20/97 
12/18/97 
01/15/98 
11/20/97 
12/18/97 
01/15/98 
11/20/97 
12/18/97 



Environmental Management 

ISA NCAC 2B .0232 - Neuse River Basin-Nut. Sen. 
ISA NCAC 2B .0233 - Neuse River Basin: Nut. Sen 
ISA NCAC 2B .0234 - Neuse River Basin-Nul. Sen. 
ISA NCAC 2B .0235 - Neuse River Basin-Nut. Sen. 
ISA NCAC 2B .0238 - Neuse River Basin-Nut. Sen. 
0239 - Neuse River Basin: Nut. Sen 



Waters Mgmt. Strategy: Red. 

Waters Mgmt. Strategy: Prot. 
Waters Mgmt. Strategy: Waste Req. 
Waters Mgmt. Strategy: Stormwaier 
Waters Mgmt. Strategy: Nitrogen 

Waters Mgmt. Strategy: Mgmt. 



ISA NCAC 2B 

ISA NCAC 2D . 1005 - Measurement and Enforcement 

ISA NCAC 2L .0115 - Risk-Based Assmnt/Corr Action/Petro Underground Strge Tanks 

No Response from Agency- 
ISA NCAC 2N .0707 - Corrective Action Plan 

No Response from Agency 



RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 
Obj. Cont'd 
RRC Objection 
Obj. Cont'd 



01/15/98 
01/15/98 
01/15/98 
01/15/98 
01/15/98 
01/15/98 
01/15/98 
12/18/97 
01/15/98 
12/18/97 
01/15/98 



• 



Health Services 

ISA NCAC 18A .2301 
ISA NCAC 18A .2302 
ISA NCAC 18A .2303 
ISA NCAC 18A .2304 
ISA NCAC 18A .2306 
ISA NCAC 18A .2308 
ISA NCAC ISA .2309 



Scope of Delegated Authority 
Eligibility for Delegation of Authority 
Delegation of Authority- 
Subsequent Authorizations 
Continuing Education 
Denial: Suspension and Revocation 
Re-Authorization 



RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 



01/15/98 
01/15/98 
01/15/98 
01/15/98 
01/15/98 
01/15/98 
01/15/98 



12:16 



NORTH CAROLINA REGISTER 



February 16, 1998 



1592 



RULES REVIEW COMMISSION 



Marine Fisheries 

15A NCAC 31 .0117 - Fishery Resource Gram Program 

Soil and Water Conservation 

75/4 NCAC 6E .0104 - Best Managemem Practices Eligible for Cost Share Paymems 

Agency Responded 

Agency Revised Rule 
ISA NCAC 6E .0105 - Cost Share and Incentive Payments 

Agency Responded 

Agency Revised Rule 

Water Pollution Controls Systems 

ISA NCAC 8F .0203 - Duties and Requirements of an Operator in Charge 
No Response from Agency 
Agency Revised Rule 
Agency Revised Rule 

HUMAN RESOURCES 



RRC Objection 


Ol/lS/98 


RRC Objection 


10/16/97 


Obj. Cont'd 


11/20/97 


Obj. Removed 


12/18/97 


RRC Objection 


10/16/97 


Obj. Cont'd 


11/20/97 


Obj. Removed 


12/18/97 


RRC Objection 


09/18/97 


Obj. Cont'd 


10/16/97 


RRC Objection 


11/20/97 


Obj. Removed 


12/18/97 



Departmental Rules 

10 NCAC IB .0S02 - Rate Setting Meth. /Facilities/Serve St. /cry. Special Assis. Res. 



Facility Services 

lONCAC 3D .091S - 
10 NCAC 3D .0916- 
10 NCAC 3D .0925 - 
lONCAC 3D .1202- 
lONCAC 3D .1203 - 
10 NCAC 3D .1301 - 
10 NCAC 3D .1302 - 
10 NCAC 3D .1401 - 
lONCAC 3D .1403 - 
10 NCAC 3R .3073 - 

Agency Revised 
lONCAC 3R .3074- 

Agency Revised 
lONCAC 3R. 3081 - 

Agency Revised 



Ambulance Lettering: Markings: Symbols and Emblems 

General Ambulance Requirements 

Infectious Disease 

Criteria for Certified EMT Instructor 

Educational Programs 

Certification Requirements : Ambulance Attendant 

Certification Requirements: Emergency Medical Technician 

License, Permit /Cert. Denial, Suspension, Amend. /Revocation 

Application Procedures, Required Forms 

Dem/Proj /Pediatric Nursing Care Need Deter. (Review Cat. G) 

Rule 

Home Health Agcy Off. Need Determination (Review Cat. F) 

Rule 

Policies for Inpatient Rehabilitation Services 

Rule 



PUBLIC INSTRUCTION 

16 NCAC 6C .0307 - Certificate Renewal 

No Response from Agency 

Agency Revised Rule 
16 NCAC 6D .0103 - Graduation Requirements 

No Response from Agency 

Agency Revised Rule 
16 NCAC 6D .0301 - Testing Requirements and Opportunities 

No Response from Agency 

Agency Revised Rule 
16 NCAC 6G .0305 - End-of-Course Tests 

No Response from Agency 

Agency Revised Rule 
16 NCAC 6G .0306 - Testing Code of Ethics 

No Response from Agency 

Agency Revised Rule 
16 NCAC 6G .0307 - Assistance Teams 



RRC Objection 


01/15/98 


RRC Objection 


01/15/98 


RRC Objection 


01/15/98 


RRC Objection 


01/15/98 


RRC Objection 


01/15/98 


RRC Objection 


01/15/98 


RRC Objection 


01/15/98 


RRC Objection 


01/15/98 


RRC Objection 


01/15/98 


RRC Objection 


01/15/98 


RRC Objection 


11/20/97 


Obj. Removed 


12/18/97 


RRC Objection 


11/20/97 


Obj. Removed 


12/18/97 


RRC Objection 


11/20/97 


Obj. Removed 


12/18/97 


RRC Objection 


10/16/97 


Obj. Cont'd 


11/20/97 


Obj. Removed 


12/18/97 


RRC Objection 


10/16/97 


Obj. Cont'd 


11/20/97 


Obj. Removed 


12/18/97 


RRC Objection 


10/16/97 


Obj. Cont'd 


11/20/97 


Obj. Removed 


12/18/97 


RRC Objection 


10/16/97 


Obj. Cont'd 


11/20/97 


Obj. Removed 


12/18/97 


RRC Objection 


10/16/97 


Obj. Cont'd 


11/20/97 


Obj. Removed 


12/18/97 


RRC Objection 


10/16/97 



1593 



NORTH CAROLINA REGISTER 



February 16, 1998 



12:16 



RULES REVIEW COMMISSION 



) 



No Response from Agency 
Agency Revised Rule 
16 NCAC 6G .0308 - Due Process Protections 
No Response from Agency 
Agency Revised Rule 

SPEECH AND LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS 

21 NCAC 64 .1002 - General Requirements 

No Response from Agency 

Agency Revised Rule 
21 NCAC 64 . 1004 - Authorized Tasks of Speech-Language Pathology Assistants 

No Response from Agency 

Agency Revised Rule 



Obj. Cont'd 


11/20/97 


Obj. Removed 


12/18/97 


RRC Objection 


10/16/97 


Obj. Cont'd 


11/20/97 


Obj. Removed 


12/18/97 


RRC Objection 


11/20/97 


Obj. Cont'd 


12/18/97 


Obj. Removed 


01/15/98 


RRC Objection 


11/20/97 


Obj. Cont'd 


12/18/97 


Obj. Removed 


01/15/98 






12:16 



NORTH CAROLINA REGISTER 



February 16, 1998 



1594 



CONTESTED CASE DECISIONS 



1 his Section contains the full text of some of the nwre significant Administrati\e Law Judge decisions along ^^tth an index 
to all recent contested cases decisions which are filed under North Carolina 's Administrative Procedure Act. Copies of 
the decisions listed in the index and not published are available upon request for a minimal charge by contacting the Office 
of Administrative Hearings. i919i 733-2698. 



OFTICE OF ADMINISTRATIVE HEARINGS 

Chief .Administrative Law Judge 

JULIAN MANN, III 

Senior .Administrative Imw Judge 
FRED G. MORRISON JR. 

ADMINISTHA LIVE EA U JUDGES 



Brenda B. Becton 
Sammie Chess Jr. 
Beecher R. Gra\ 



Meg Scott Phipps 

Roben Roosevelt Reilly Jr. 

Dolores 0. Smith 



AGENCY 

ADMIMSTR.ATION 

E Edward Gambill v Deparimeni of .Adminisirauon 

Triangle CAD Soluiions, Inc. v. Div r\irchase and Conrraci. EHNR 

Henry Bryon Brewer v NC Commission of Indian .Affairs 

ALCOHOLIC BE\T:R.AGE control CONCVnSSION 

Michaels Mini Man v .Alcoholic Beverage Conirol Commission 
Everelle Craig Hornbuckle v. Alcoholic Beverage Control Commission 
Saleh Ahmed .All Futhah \ .Alcoholic Beverage Control Commission 
Carolyn T Ray v .Alcoholic Beverage Control Commission 
.Alcoholic Beverage Control Commission v Fast Fare. Inc 
Alcoholic Beverage Control Commission v Mendoza Enterprises. Inc. 
Paul Tyler FV' Enterprises, Inc . .Alpha Vinson T .A .Mirrors tSid's 

Showgirls) V .Alcoholic Beverage Control Commission 
and 

City of Goldsboro 
and 

Gurnan Khera 
George Robert Scott v .Alcoholic Beverage Control Commission 
Nasar Sader v .Alcoholic Beverage Control Commission 
.Alcoholic Beverage Control Commission v Paradise Landing. Inc 
OFFISS. Inc V .Alcoholic Beverage Control Commission 
.Alcoholic Beverage Control Commission v. Fast Fare. Inc. No i'b 
■Alcoholic Beverage Control Commission v .Aliaf Hussain 
.Alcoholic Beverage Control Commission v. Robert Johnson 
.Alcoholic Beverage Control Commission v Masonboro Counts Store. Inc 
Daniel Gary Ledbeiier v. .Alcoholic Beverage Control Commission 
.Alcoholic Beverage Control Comm. v. Raymond Lee 
.Alcoholic Beverage Control Comm. v. Percy Daniel Bowen 
Alcoholic Beverage Control Commission v Bndgette Dee Williams 
•Alcoholic Beverage Control Commission v. Westside Tavern. Inc 
.Alcoholic Beverage Conirol Commission v. Grove Park Inn Resort. Inc. 
Sunset Enterprises. Inc, v .Alcoholic Beverage Control Commission 
.Alcoholic Beverage Control Commission v 6 Twelve Corporation 
.Alcoholic Beverage Control Commission v. Kimberly Loeue Hankms 
Alcoholic Bev. Ctl. Comm. v. Monterrey Mex. Rest of Greensboro. Inc. 
.Alcoholic Beverage Control Commission v. James Martini 
Momhammed H Darwish & Hazeem M Eldara v, .Alcoholic Bev Ctl Comm 

CORRECTION 

Da\ id M. Boone v Correction. Dn of Prison .Admin Reniedv Procedure 



CASE 




DATE OF 


Pl"BLISHED DECISION 


NT-MBER 


AU 


DECISION 


REGISTER CIT.ATION 


9" DOA 0364 


Reillv 


09 10 97 




97 DOA 06^0 


Reillv 


12 19 97 




97 DOA 0959 


Gray 


12 1797 




9: .ABC 1601 


Grav 


08 18 97 




93 .ABC 0987 


Grav 


08 18 97 




94 .ABC 0;ol 


Grav 


08 18 97 




95 .ABC 0429 


Grav 


09 23 97 




96 .ABC 0483 


Morrison 


06 18 97 




96 .ABC 1196 


Grav 


08 26 9"' 




96 .ABC 1804 


Morrison 


09 29 97 





96 .ABC 1995 


Reillv 


12 05 97 




97 .ABC 0030 


Phipps 


10 08 9-' 




97 .ABC 003 1 


Grav 


06 13 97 




9^ .ABC 01 18 


Grav 


09 n97 




97 .ABC 019^ 


Morrison 


01 15 98 




97 .ABC 03 12 


Mann 


0- 29 9- 




9^ .ABC 0321 


Grav 


08 25 97 




'i" .ABC 0432 


Reillv 


09 09 97 




9" .\BC 0443 


Grav 


07 08 9^ 




9' .ABC 0488 


Smith 


10 30 9" 




9- .\BC 0495 


Morrison 


09 24 9" 




'^- .ABC 05"P 


Phipps 


09 04 9- 




-^^ .ABC 0586 


Phipps 


09 17 9- 




9- .ABC 0-06 


Morrison 


09 15 9- 


12:0- NCR 609 


■J" -ABC 084p 


Grav 


12 10 9- 




■^^ .ABC 0895 


Reillv 


12 16 97 




9" .ABC 0S9- 


Grav 


10 06 97 




«" .ABC 0905 


.Morrison 


01 15 98 




1- .ABC 1036 


Grav 


12 3! 9^ 




■J" .ABC 1429 


Smith 


12 31 97 




9- DOC 0534 


Morrison 


06 16 9- 





1595 



NORTH CAROLINA REGISTER 



Febman,- 16, 1998 



12:16 



CONTESTED CASE DECISIONS 



AGENCY 

CRIME CONTROL AND PUBLIC SAFETY 

Delia Sherrod v Crime Victims Compensation Commission 

Mary A. Kearney v. CPS, Victims Compensation Commission 

Mae Allen Murray v. Crime Victims Compensation Commission 

Beverly McLaughlin v. Crime Victims Compensation Commission 

Malcolm W. Fields v Crime Victims Compensation Commission 

Rodney P. Hodge v. Crime Victims Compensation Commission 

Billy Steen v. Crime Victims Compensation Commission 

Clifford R. Pulley v. Crime Victims Compensation Commission 

Curtis Jermaine Newkirk v. Crime Victims Compensation Commission 

Huston Christopher Mason v. Victims Compensation Commission 

Gregory Bynum v. Crime Victims Compensation Commission 

Michaela Dionne Brewingion v. Crime Victims Compensation Commission 

Lisa S- Snead v. Crime Victims Compensation Commission 

Robert L. Welty, n v. Crime Victims Compensation Commission 

Robert T. Blakeney v. Office of Administrative Hearings 

Connie Cowan v. Crime Victims Compensation Commission 

Linda Atkinson v. Crime Victims Compensation Commission 

ECONOMIC AND COMMUNITY DEVELOPMENT 

Leon McNair v, NC Industrial Commission 

ENVIRONMENT, HEALTH, AND NATURAL RESOURCES 

Herbert C. Avery v. Environment. Health, and Natural Resources 
Linda Collie v. Lenoir County Health Department 
Leroy Anderson v. County of Moore Department of Health 
EH. Garner v. New Hanover Health Department 
Peter D. McDowell. Sr. v. New Hanover Health Department 
Dowell Gray v. Deparimem of Environment and Natural Resources 
and 
Onslow County Department of Health 
Riggings Homeowners Assoc. Inc. v. Environment. Health, Si. Natural Res. 
John Ronald Taylor v. Environment. Health, & Natural Resources 
Rick Parker v. Pitt County Health Dept./Mr Ernie Nichols 
James R. Melvin v. Environment and Natural Resources 
Lee A. Riggs v. Craven County Health Department 
Tommy Anthony Swangin v. Depi. of Environment &. Natural Resources 
Robert E. Cahoon v. Carteret County Health Department 
John Martin v. Environment. Health, and Natural Resources 
John Martin v. Environment. Health, and Natural Resources 
Jack R. Whitmore v, Dept. of Environment & Natural Resources 
Rachel S. Tugwell v. Environment, Health and Natural Resources 
Joanne B. Huff v. Dept. of Environment and Natural Resources 
Alphasine Cheryl Barfield v EHNR. Div Environmental Healtli 
Gilbert T. Davis. Jr v Forsyth County Environmental Affairs Dept 
Selby Franklin Brown v. Wayne County Environmental Health 

Coastal Management 

Glenn Sasser v Division of Coastal Management 

Environmental Management 

Craig King Farms v EHNR. Environmental Management Commission 
Henry G Dail. Dail Brothers v. EHNR. Environmental Management 

Land Resources 

James H Lowdermilk & J. Wayne Lowdermilk v. EHNR. Land Res 

Charles G Smith v EHNR. Division of Land Resources 

Henry Yancey Ingram, n & Hope Fanning Ingram v. EHNR, Land Res 

Marine Fisheries 

William B Tate v Division of Marine Fisheries 

John A. Trahan v. EHNR. Division of Marine Fisheries 

Hassell B. Lawrence. Sr . Gordon Lawrence. Bobby G, Gillikin. Norman 

W. Gillikin. Oliver C. Lawrence. Hiram Gillikin. Louis Gray Thomas. 

Jr.. Faye Thomas. Mark Allen Gillikin. Millie Lawrence. June Martin 
Hassell B. Lawrence. Sr.. Gordon Lawrence. Bobby G. Gillikin. Norman 

W. Gillikin. Oliver C Lawrence. Hiram Gillikin. Louis Gray Thomas. 

1~ Jr.. Faye Thomas. Mark Allen Gillikin. Millie Lawrence, June Martin 
Hassell B. Lawrence. Sr.. Gordon Lawrence. Bobby G. Gillikin. Norman 
W. Gillikin. Oliver C, Lawrence, Hiram Gillikin. Louis Gray Thomas. 
Jr., Faye Thomas. Mark Allen Gillikin. Millie Lawrence. June Martin 
^assell B. Lawrence, Sr.. Gordon Lawrence. Bobby G. Gillikin. Norman 
W. Gillikin. Oliver C. Lawrence. Hiram Gillikin, Louis Gray Thomas, 
Jr.. Faye Thomas. Mark Allen Gillikin, Millie Lawrence, June Martin 



CASE 




DATE OF 


PUBLISHED DECISION 


NUMBER 


AU 


DECISION 


REGISTER CITATION 


96 CPS 0300 


Chess 


07/18/97 




96 CPS 2033 


Becton 


09/26/97 




96 CPS 2110 


Chess 


10/31/97 




97 CPS 0170 


Phipps 


08/29/97 




97 CPS 0360 


Chess 


09/12/97 




97 CPS 0449 


Reilly 


07/01/97 




97 CPS 0472 


Morrison 


07/23/97 




97 CPS 0523 


Gray 


08/06/97 




97 CPS 0645 


Morrison 


10/03/97 




97 CPS 0691 


Becton 


12/04/97 




97 CPS 0901 


Reilly 


10/16/97 




97 CPS 0992 


Mann 


12/23/97 




97 CPS 1025 


Reilly 


11/10/97 




97 CPS 1073 


Gray 


01/20/98 




97 CPS 1187 


Becton 


11/07/97 




97 CPS 1214 


Becton 


12/03/97 




97 CPS 1389 


Becton 


12/31/97 




97 COM 1549 


Gray 


01/09/98 




96EHR0161 


Chess 


09/23/97 




96 EHR 0264 


Becton 


07/16/97 




96EHR 1969 


Morrison 


07/15/97 


12:03 NCR 223 


96 EHR 1972 


Gray 


08/07/97 




96 EHR 2075 


Gray 


08/07/97 




97 EHR 0195*^ 


Gray 


12/01/97 


12:13 NCR 1222 


97 EHR 0263 


Reilly 


08/13/97 




97 EHR 0275 


Reilly 


06/09/97 




97 EHR 0470 


Phipps 


07/01/97 




97 EHR 0682 


Phipps 


09/23/97 




97 EHR 0851 


Becton 


10/02/97 




97 EHR 0875 


Smith 


12/15/97 




97 EHR 0878 


Becton 


09/30/97 




97 EHR 0993*-' 


Phipps 


10/13/97 




97 EHR 0994*-' 


Phipps 


10/13/97 




97 EHR 1039 


Mann 


12/17/97 




97 EHR 1086 


Becton 


12/03/97 




97 EHR 1149 


Reilly 


I2«)/97 




97EHRI22I 


Morrison 


01/28/98 




97 EHR 1281 


Smith 


11/10/97 




97 EHR 1534 


Smith 


01/21/98 




97 EHR 0763 


Gray 


12/31/97 




96 EHR 0609 


Gray 


01/14/98 




96 EHR 2104 


Gray 


08/27/97 




96 EHR 0745 


Gray 


10/30/97 




96 EHR 0855 


Gray 


10/30/97 




96 EHR 0908 


Gray 


10/30/97 




96 EHR 1922 


Becton 


12/16/97 




97 EHR 0400 


Chess 


10/30/97 




97 EHR 0917*" 


Morrison 


12/30/97 





97 EHR 0927*'° Morrison 



97 EHR 0928*" Morrison 



97 EHR 0929*" Morrison 



12/30/97 



12/30/97 



12/30/97 



12:16 



NORTH CAROLINA REGISTER 



February 16, 1998 



1596 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



Hassell B- Lawrence. Sr,, Gordon Lawrence. Bobby G. Gillikin. Norman 
W. Gillikin. Oliver C- Lawrence. Hiram Gillikin. Louis Gray Thomas, 
Jr.. Faye Thomas. Mark Allen Gillikin. Millie Lawrence. June Martin 

Hassell B. Lawrence, Sr., Gordon Lawrence. Bobby G. Gillikin. Norman 
W. Gillikin. Oliver C. Lawrence. Hiram Gillikin. Louis Gray Thomas, 
Jr., Faye Thomas. Mark Allen Gillikin. Millie Lawrence. June Martin 

Hassell B, Lawrence. Sr.. Gordon Lawrence. Bobby G. Gillikin, Norman 
W. Gillikin, Oliver C. Lawrence, Hiram Gillikin, Louis Gray Thomas, 
Jr., Faye Thomas, Mark Allen Gillikin, Millie Lawrence, June Martin 

Hassell B. Lawrence. Sr.. Gordon Lawrence. Bobby G, Gillikin. Norman 
W. Gillikin, Oliver C. Lawrence, Hiram Gillikin. Louis Gray Thomas. 
Jr.. Faye Thomas. Mark Allen Gillikin. Millie Lawrence. June Martin 

Hassell B. Lawrence. Sr.. Gordon Lawrence. Bobby G. Gillikin. Norman 
W. Gillikin. Oliver C. Lawrence. Hiram Gillikin. Louis Gray Thomas. 
Jr . Faye Thomas. Mark Allen Gillikin. Millie Lawrence. June Martin 

Hassell B, Lawrence, Sr., Gordon Lawrence, Bobby G. Gillikin, Norman 
W, Gillikin, Oliver C. Lawrence, Hiram Gillikin, Louis Gray Thomas, 
Jr.. Faye Thomas, Mark Allen Gillikin, Millie Lawrence, June Martin 

Hassell B Lawrence, Sr., Gordon Lawrence, Bobby G. Gillikin, Norman 
W. Gillikin. Oliver C. Lawrence. Hiram Gillikin. Louis Gray Thomas, 
Jr., Faye Thomas, Mark Allen Gillikin. Millie Lawrence. June Martin 

Maternal and Child Health 

Evan's Mini Mart v EHNR. Maternal & Child Health. Nutrition Svcs Sec, 

Solid Waste Management 

Loie J. Priddy v. Division of Solid Waste Management, EHNR 



97 EHR 0935*" Morrison 



97 EHR 0936*" Morrison 



97 EHR 0961*'° Morrison 



97 EHR 0962*" Morrison 



97 EHR 0979*" Morrison 



97 EHR 1038*" Morrison 



97 EHR 1052*" Morrison 



97 EHR 0599 Phipps 



96 EHR 1838 



Morrison 



Mann 



Chess 
Smith 
Smith 



96 DHR 0535 


Reilly 


11/06/97 


96DHR 1543 


Chess 


09/12/97 


96 DHR 1925 


Reilly 


08/22/97 


97 DHR 0286 


Chess 


07/23/97 


97 DHR 0407 


Reilly 


08/08/97 


97 DHR 0424 


Morrison 


09/22/97 



Water Quality 

Castle Hayne Steering Committee v EHNR, Division of Water Quality 96 EHR 1731 

and 
New Hanover County Water and Sewer District 

RAYCO Utilities, Inc., Briarwood WWTP v. EHNR, Div of Water Quality 97 EHR 0018 
RAYCO Utilities, Inc.. Greystone Forrest WWTP v. EHNR, Water Quality 97 EHR 0412 
RAYCO Utilities, Inc., Melbille Heights MHP 97 EHR 0643* 

and 
RAYCO Utilities. Inc.. Penman Heights MHP v. EHNR. Water Quality 
RAYCO Utilities, Inc., Melbille Heights MHP 97 EHR 0644*" Smith 

and 
RAYCO Utilities, Inc., Penman Heights MHP v. EHNR, Water Quality 



HUMAN RESOURCES 

Sampson Health Care Facilities Inc v. Dept. of Health & Human Services 

John & Veronica Spearman v. Department of Human Resources 

New Beginnings Christian Academy v. Department of Human Resources 

Cindy G Geho v. Office of Administrative Hearings, R. Marcus Lodge 

Helen Wyman v. Department of Human Resources 

DeRothea G Williams d/b/a Dee Williams & Company, a proprietorship v. 

Buncombe County Partnership for Children, Inc.. a NC Nonprofit Coit).; 

NC Department of Human Resources [Division of Child Development]; 

NC Department of Environment, Health, and Natural Resources [Division 

of Maternal and Child Health] 
Lorraine M. Monroe v. Department of Human Resources 
Linda Rouse Sharp v Department of Human Resources 
Ocelee Gibson v. Department of Human Resources 
Larry Patton v. Department of Human Resources 
Rita Faircloth v. Department of Human Resources 
HILCO V. Forsyth County Environmental Affairs Department 



Division of Child Development 

New Hanover Cty. Comm Action v DHR. Division of Child Development 97 DHR 0921 
Cindy G. Geho v Human Resources. Division of Child Development 



Division of Facility Services 

Ava McKinney v DHR. Division of Facility Services 

Mercy Egbuleonu v. DHR. Facility Svcs. Health Care Personnel Reg, Sec 

Mercy Egbuleonu v Human Resources. Division of Facility Services 

Kizzie Cooper v, DHR. Facility Svcs. Health Care Personnel Registry Sec 

Maggie J Barnhill v DHR. Facility Svcs. Health Care Pers, Reg, Sec, 

Emma Faison v DHR. Division of Facility Services 

Eugene Donald Caldwell v DHR. Division of Facility Services 

Patricia Addison v DHR. Facility Svcs. Health Care Personnel Reg, Sec, 

Selena Louise Holley v, DHR. Facility Svcs. Health Care PersI, Reg Sec, 

Shirley Ebron v. DHR. Facility Svcs. Health Care Pers, Reg, Sec 



12/30/97 



12/30/97 



12/30/97 



12/30/97 



12/30/97 



12/30/97 



12/30/97 



07/14/97 



06/20/97 



06/30/97 



09/12/97 
10/29/97 
10/29/97 



10/29/97 



97 DHR 0540 


Gray 


10/30/97 


97 DHR 0610 


Mann 


08/28/97 


97 DHR 0658 


Reilly 


07/22/97 


97 DHR 0829 


Phipps 


10/17/97 


97 DHR 0900 


Reilly 


08/15/97 


97 DHR 1454 


Gray 


12/19/97 


97 DHR 0921 


Phipps 


09/10/97 


97 DHR 0966 


Phipps 


08/29/97 


96 DHR 2061 


Chess 


07/08/97 


97 DHR 0172 


Beclon 


07/16/97 


97 DHR 0450 


Gray 


09/02/97 


97 DHR 0459 


Phipps 


06/09/97 


97 DHR 0465 


Gray 


07/30/97 


97 DHR 0471 


Gray 


07/15/97 


97 DHR 0480 


Gray 


10/10/97 


97 DHR 0521 


Mann 


07/25/97 


97 DHR 0524 


Phipps 


08/28/97 


97 DHR 0528 


Gray 


10/02/97 



12:02 NCR 103 



1597 



NORTH CAROLINA REGISTER 



February 16, 1998 



12:16\ 



CONTESTED CASE DECISIONS 



AGENCY 

Carolyn Forbes v. DHR. Division of Facility Services 

Sally Hutchins v. DHR, Division of Facility Services 

Claudia K. Thomerson v DHR, Facility Svcs, Health Care Pers. Reg. Sec. 

Janice Ann McClinton v DHR, Facility Svcs, Health Care Pers. Reg. Sec. 

Michelle R. Griffin v. DHR, Facility Svcs, Health Care Pers Reg. Sec. 

Deborah L. McBurnie v. DHR, Facility Svcs, Health Care Pers. Reg. Sec. 

Kelly M. Poole v. DHR, Facility Svcs, Health Care Pers Reg. Sec. 

Debbie Williams v. DHR, Fac. Svcs., Health Care Pers Reg. Sec. 

Therese Victoria Wilson v. DHR. Fac. Svcs, Health Care Pers Reg. Sec. 

Notisha Utley v. DHR. Fac. Svcs, Health Care Pers Reg. Sec. 

Helen T. Shokoti v. Human Resources, Division of Facility Services 

Jeri L. Anderson v. Human Resources, Division of Facility Services 

Susie A. Milsap v. DHR, Facility Svcs, Health Care Pers Reg Sec. 

Glenda Christine Taylor v. DHR, Facility Svcs, Health Care Pers. Reg. Sec 

Maple Heights Rest Home, Inc. v. DHR, Division of Facility Services 

Lisa Bullard v DHR, Facility Svcs, Health Care Pers. Reg. Sec. 

Angela D. Johnson v. DHR, Facility Svcs, Health Care Pers Reg. Sec. 

Mary Ann Allen v. DHR, Division of Facility Services 

Cressie D Mears v. DHR, Division of Facility Services 

Marie Emma Wimbush v. DHR, Facility Svcs, Health Care Pers. Reg. Sec. 

Himmeler Desvaneux v. DHR, Fac. Svcs, Health Care Pers. Reg. Sec. 

Tamara Green v. DHR, Fac. Svcs, Health Care Pers. Reg. Sec. 

Lachelle Tonya Braswell v. DHR. Division of Facility Services 

Toni Washington v. DHR. Division of Facility Services 

Lynn E. Thorpe v. DHR. Division of Facility Services 

Sally Hutchins v. DHR, Division of Facility Services 

Carolyn Forbes v. DHR, Division of Facility Services 

Debra Burleson v. DHR, Division of Facility Services 

Jean Rossman v. DHR, Facility Svcs, Health Care Pers. Reg. Sec. 

Michelle McMahan v. DHR, Division of Facility Services 

Brenda Faye Harris v. DHR, Facility Svcs, Health Care Pers Reg. Sec. 

Michelle McMahan v. DHR, Division of Facility Services 

Lorena Barbour v. DHR, Facility Svcs, Health Care Pers Reg. Sec. 

Angela Mae Whiled v. DHR, Division of Facility Services 

Vitina Cockrane v DHR, Facility Svcs, Health Care Pers. Reg. Sec. 

Mary Susan McLean v. DHR. Fac Svcs. Health Care Pers Reg. Sec. 

Doris J. Daniels v DHR, Fac. Svcs, Health Care Pers Reg. Sec. 

Robin Leigh Robinson v. DHR, Facility Svcs, Health Care Pers. Reg. Sec. 

Angela Lynn Barbour v. DHR, Facility Svcs. Health Care Pers. Reg. Sec. 



Cenificale of Need Section 
Carolina Imaging. Inc/Fayetteville v. DHR, Facility Svcs, Cert/Need Sec. 96 DHR 1570 

and 
Cumberland Cty Hospital System, Inc.. d/b/a Cape Fear Valley Med. Ctr 



CASE 




DATE OF 


PUBLISHED DECISION 


NUMBER 


AU 


DECISION 


REGISTER CITATION 


97 DHR 0532*" 


Phipps 


12/18/97 




97 DHR 0547*" 


Phipps 


12/18/97 




97 DHR 0551 


Chess 


07/15/97 




97 DHR 0558 


Creech 


10/17/97 




97 DHR 0559 


Gray 


07/30/97 




97 DHR 0608 


Chess 


09/02/97 




97 DHR 0629 


Chess 


09/02/97 




97 DHR 0630 


Gray 


10/01/97 




97 DHR 0632 


Phipps 


08/25/97 




97 DHR 0646 


Phipps 


09/26/97 




97 DHR 0653 


Chess 


08/20/97 




97 DHR 0659 


Gray 


08/19/97 




97 DHR 0667 


Phipps 


08/25/97 




97 DHR 0681 


Gray 


08/29/97 




97 DHR 0717 


ReiUy 


10/16/97 




97 DHR 0721 


Chess 


10/09/97 




97 DHR 0723 


Chess 


08/06/97 




97 DHR 0739 


Chess 


01/13/98 




97 DHR 0793 


Chess 


08/21/97 




97 DHR 0797 


Phipps 


08/25/97 




97 DHR 08 18 


Gray 


10/24/97 




97 DHR 0824 


Becton 


09/29/97 




97 DHR 0826 


Morrison 


12/17/97 




97 DHR 0847 


Phipps 


12/10/97 




97 DHR 0865 


Chess 


01/13/98 




97 DHR 0871*" 


Phipps 


12/18/97 




97 DHR 0899*" 


Phipps 


12/18/97 




97 DHR 0904 


Phipps 


12/11/97 




97 DHR 0908 


Smith 


09/02/97 




97 DHR 0915*=' 


Mann 


11/13/97 




97 DHR 0938 


Morrison 


10/03/97 




97 DHR 0960*=' 


Mann 


11/13/97 




97 DHR 0999 


Phipps 


09/11/97 




97 DHR 1029 


Becton 


12/10/97 




97 DHR 1066 


Chess 


10/15/97 




97 DHR 1091 


Morrison 


10/21/97 




97 DHR 1126 


Gray 


10/27/97 




97 DHR 1169 


Phipps 


10/31/97 




97 DHR 1458 


Phipps 


01/07/98 




96 DHR 1570 


Phipps 


06/24/97 


12:02 NCR 95 



Group Licensure Section 
Jeffreys Family Care #2 v. DHR. Facility Svcs. Group Licensure Section 

Division of Medical Assistance 

Dilladys Renee Stover v. DHR. Division of Medical Assistance 
Bettye Parson/Tambra Parson v. DHR. Div. of Medical Assistance 
Robert D. & Ronda M Staton v. DHR. Div. of Medical Assistance 



97 DHR 0259 


Mann 


06/17/97 


97 DHR 0560 


Mann 


09/16/97 


97 DHR 0656 


Becton 


08/12/97 


97 DHR 0660 


Smith 


09/05/97 



Division of Social Services 



Child Support Enforcement Seaion 
Dale P. Sprinkle v. Guilford Child Support Agency. Human Resources 
Steven Van Linker v. Department of Human Resources 
Michael R. Bryant v. Department of Human Resources 
David Lee Chamblee Jr. v. Department of Human Resources 
John W. Scott v. Department of Human Resources 
Michael T. Swann v. Department of Human Resources 
Ted Wayne Lamb v. Department of Human Resources 
Jeffrey Grainger v. Department of Human Resources 
Tollie Woods v. Department of Human Resources 
Fred Edward Stafford v. Department of Human Resources 
Joseph R. Grooms Jr. v Department of Human Resources 
David N. Jarrett v Department of Human Resources 
Warren S. Olson v. Department of Human Resources 
Stanley A. Watson v. Department of Human Resources 
Michael A. Isom v Department of Human Resources 
Rafael L Garcia v Department of Human Resources 
Justin M. Woazeah. Sr v. Department of Human Resources 
Johnny R Holden v. Department of Human Resources 



96CRA 1171 


Gray 


08/13/97 


96 CRA 1250*= 


Becton 


07/11/97 


96 CRA 1252 


Phipps 


08/11/97 


96 CRA 1281 


Morrison 


06/16/97 


96 CRA 1287 


Becton 


10/09/97 


96 CRA 1326 


Chess 


06/04/97 


96 CRA 1359 


Gray 


07/10/97 


96 CRA 1376 


Reilly 


08/14/97 


96 CRA 1348*' 


Morrison 


08/04/97 


96 CRA 1407*" 


Reilly 


08/21/97 


96 CRA 1434 


Phipps 


11/18/97 


96 CRA 1438 


Morrison 


07/10/97 


96 CRA 1440 


Phipps 


09/09/97 


96 CRA 1448*" 


Reilly 


08/21/97 


96 CRA 1450 


Becton 


07/11/97 


96 CRA 1451 


Becton 


09/11/97 


96 CRA 1452*' 


Chess 


07/22/97 


96 CRA 1463 


Mann 


10/16/97 



12:16 



NORTH CAROLINA REGISTER 



February 16, 1998 



1598 



CONTESTED CASE DECISIONS 



AGENCY 

CaUin F Mi/cllc v. Deparlmenl of Human Resources 

Tommy Lcc Clark v, Deparlmenl of Human Resources 

Andcr L Garfield v. Deparlmenl of Human Resources 

Clarence O Rains v. Deparlmenl of Human Resources 

Jeremy Baker v Deparlmenl of Human Resources 

William T. Harris v Deparlmenl of Human Resources 

Hal C. Morgan. Jr. v. Deparlmenl nf Human Resources 

Paul S Cloningcr v Deparlmenl of Human Resources 

Edward Sluleville v Deparlmenl of Human Resources 

Tony Peierson. Jr v Deparlmenl of Human Resources 

Lee G Sanders Jr, v Deparlmenl of Human Resources 

David Fraizer V Deparlmenl of Human Resources 

David Fraizer v Deparlmenl of Human Resources 

David Hobson v Deparlmenl of Human Resources 

Chrisiopher A Abney v Deparlmenl of Human Resources 

John T Spidell V Deparlmenl of Human Resources 

Robert M Siarling. Sr v Deparlmenl of Human Resources 

Judson T Whitehursi v Deparlmenl of Human Resources 

Craig Venson v Deparlmenl of Human Resources 

David Scoll Jordan v Deparlmenl of Human Resources 

Lee R. Jones v Deparlmenl of Human Resources 

Rocky R Chaudhry v. Deparlmenl of Human Resources 

Cecil Hall v Deparlmenl of Human Resources 

Neil G- McGilberry v Deparlmenl of Human Resources 

Gregory S Wolberi v Deparlmenl of Human Resources 

William E Daley Jr v Wake Couniy Child Suppori Enforcemeni 

Dennis Larson v Deparlmenl of Human Resources 

Eric L Harrington v Department of Human Resources 

Paul F Gangemi. Sr v Deparlmenl of Human Resources 

Scoil M Rodriguez v Department of Human Resources 

James Withers v Department of Human Resources 

Evalina R Oxendine v Deparlmenl of Human Resources 

Phillip R Banner v Deparlmenl of Human Resources 

Brian K Norfleet v Craven County Child Suppori Office 

Kenneth A Sayle v Department of Human Resources 

Richard H Reisl v Deparlmenl of Human Resources 

Lawrence Arthur Beebe v Department of Human Resources 

Patrick Orlando Crump v Department of Human Resources 

Ronald L Hadley v Deparlmenl of Human Resources 

Garland M Jessup v Guilford Couniy Child Support Enforcemeni 

Anthony Le.Mar III v Department of Human Resources 

Michael A Norman v Deparlmenl of Human Resources 

Walter Hawk v Deparlmenl of Human Resources 

Kevin L Combs v, Deparlmenl of Human Resources 

Johnny Lewis Fields v Department of Human Resources 

Roger G Foster v Deparlmenl of Human Resources 

Charlie T Smiih v Deparlmenl of Human Resources 

Joseph Davis v Deparlmenl of Human Resources 

Joseph Michael Eubanks v Deparlmenl of Human Resources 

Vonzell Barker v Department of Human Resources 

Charles F King v Deparlmenl of Human Resources 

A C, Nash V Deparlmenl of Human Resources 

Curtis Bristol Self v Deparlmenl of Human Resources 

Ronald Alton Neal v Deparlmenl of Human Resources 

Danny Ray Carr v Deparlmenl of Human Resources 

Tony Hollingsworih v Deparlmenl of Human Resources 

Kenneth A Ingle v Deparlmenl of Human Resources 

Norman L Gaiewood v. Department of Human Resources 

Lane Bolton v Deparlmenl of Human Resources 

Monly G Cox v. Randolph Couniy Child Suppori Enforcement Agency 

Steven Van Linker v. Deparlmenl of Human Resources 

Barry Tukes Sr v C S E 

Monly G Cox v Randolph Couniy Child Suppori Enforcement Agency 

Harriet Tolson v Deparlmenl of Human Resources 

John W Scott V Deparlmenl of Human Resources 

Edgar C Lewis. Jr v Deparlmenl of Human Resources 

Willie L Berry V Deparlmenl of Human Resources 

Tony Orlando Sleele v Deparlmenl of Human Resources 

Carl Locklear v. Deparlmenl of Human Resources 

Tollie Woods v Department of Human Resources 



CA.SK 




D.\TE OF 


NLMBER 


AIJ 


DECISION 


% CRA 1476 


Chess 


07/07/97 


96 CRA 1477 


Phipps 


08/13/97 


96 CRA 1479»' 


Morrison 


07/15/97 


96 CRA 1482 


Reilly 


08/21/97 


96 CRA 1491 *•" 


Smiih 


09/05/97 


96 CRA 1492 


Mann 


11/18/97 


96 CRA 1500 


Smiih 


09/05/97 


96 CRA 1502 


Beclon 


09/11/97 


96 CRA 1507*" 


Mann 


08/13/97 


96 CRA 1513 


Gray 


10/02/97 


96 CRA 1515 


Reilly 


09/11/97 


96CR.'ii 1519*"' 


Chess 


07/18/97 


96 CRA I520»"' 


Chess 


07/18/97 


96 CRA 1522*" 


Phipps 


07/24/97 


96CR.A 1551 


Reilly 


12/08/97 


96 CRA 1567 


Smiih 


09/05/97 


96 CRA 1598»-' 


Chess 


11/03/97 


96 CRA 1635 


Phipps 


01/13/98 


96 CRA 1647 


Morrison 


12/03/97 


96 CRA 1673 


Reilly 


07/18/97 


96 CRA 1720*' 


Phipps 


07/10/97 


96 CRA 1724 


Morrison 


12/17/97 


96 CRA 1749*' 


Mann 


07/10/97 


96 CRA 1767*' 


Becion 


07/15/97 


96 CRA 1782 


Mann 


11/18/97 


96 CRA 1789 


Reilly 


09/25/97 


96 CRA 1793 


Chess 


06/17/97 


96 CRA 1794 


Mann 


07/19/97 


96 CRA 1 809 


Gray 


08/13/97 


96 CRA 1818'' 


Gray 


06/25/97 


96 CRA 1820 


Reilly 


07/24/97 


96 CRA 1825 


Gray 


09/10/97 


96 CRA 1826*-' 


Gray 


09/24/97 


96 CRA 1846 


Phipps 


10/02/97 


96 CRA 1857 


Gray 


01/16/98 


96 CRA 1859 


Reilly 


10/21/97 


96 CRA 1863 


Becion 


12/16/97 


96 CRA 1866*" 


Gray 


08/18/97 


96 CRA 1892 


Reilly 


07/18/97 


96 CRA 1898 


Becion 


07/11/97 


96 CRA 1905 


Smiih 


09/05/97 


96 CRA 1915 


Gray 


09/24/97 


96 CRA 1943 


Phipps 


08/13/97 


96 CRA 1948 


Reilly 


12/08/97 


96 CRA 2085*" 


Smilh 


10/02/97 


97 CRA 0043 


Phipps 


06/19/97 


97 CRA 0280 


Reilly 


06/16/97 


97 CRA 0436*" 


Phipps 


08/11/97 


97 CRA 0477 


Reilly 


07/18/97 


97 CRA 0620 


Becion 


08/12/97 


97 CRA 0720 


Reilly 


07/30/97 


97 CRA 0788 


Gray 


09 '10/97 


97 CRA 0974 


Mann 


11/19/97 


97 CRA 1020 


Becion 


10/23/97 


97 CRA 1160 


Reilly 


12.08/97 


97 CRA 1363 


Gray 


01/13/98 


97 CRA 1714 


Chess 


09/25/97 


96 CSE 0484 


Chess 


09/23/97 


96CSE 1220 


Reilly 


08/21/97 


96 CSE 1235*"' 


Becion 


08/12/97 


96 CSE 1249* = 


Becion 


07/11/97 


96 CSE 1277 


Mann 


07/01/97 


96 CSE 1278*'" 


Becion 


08/12/97 


96 CSE 1280 


Reilly 


08.'21/97 


96 CSE 1286 


Becion 


10/09/97 


96 CSE 1299 


Mann 


08/20/97 


96 CSE 1319 


Gray 


06/25/97 


96 CSE 1337 


.Mann 


06/30/97 


96 CSE 1338 


.Mann 


07/07,'97 


96 CSE 1340*" 


.Morrison 


08/04/97 



Pl-BLISHED DECISION 
RF:GISTER CITATION 



Consolidated Cases. 



1599 



NORTH CAROLINA REGISTER 



February 16, 1998 



12:16 



CONTESTED CASE DECISIONS 



AGENCY 

James Earl McLellan v Deparinient ot Human RcMiurces 

Charles L Ra\ nor v Depariment ot Human Resources 

Robert Walker v Intercept Tax Refunds 

Chris M Wilson v Department of Human Resources 

Fred Edward Stafford v Deparimenl of Human Resources 

Richard K Blisard v Department of Human Resources 

Stan!e> A Watson v Department o\' Human Resources 

Justin M Woazeah, Sr V Department of Human Resources 

William A Underbill \ Department of Human Resources 

Almiron J Deis v Department of Human Resources 

Jerem> Baker v Deparimeni of Human Resources 

Alfred Clinton Springs v Department of Human Resources 

Ander L Garfield v Department of Human Resources 

UUsses Harris \ Nash County Child Support Oft'ice and Human Resources 

Edward Siuieville v Deparimenl of Human Resources 

Gerald A Jones v Department of Human Resources 

David Hobson v Department of Human Resources 

Gregory D Simpson v Deparimeni of Human Resources 

Carl E Colfey v Department of Human Resources 

Donald Ray Archie v Deparimeni of Human Resources 

John? Spidell V Department of Human Resources 

John W Lisermanv Deparimeni of Human Resources 

John H Hale, Jr v Department of Human Resources 

Vinceni L Martin v Deparimeni of Human Resources 

Harlie Leonard Hardison v Department of Human Resources 

.Alton Washington v DHR and Robeson County Child Support Enf Agcy 

Robert M Starling. Sr v Department of Human Resources 

David Fraizer v Deparimeni of Human Resources 

Golel Hollowav . Jr v Department of Human Resources 

Jeffrey Pierce v Deparimeni of Human Resources 

Patrick Orlando Crump \ Department of Human Resources 

Crystal Lvnn Manring-Roberison v Forssih County CSE. DSS & DHR 

VV'illiam C Rivera v Department of Human Resources 

David L Smith v DHR. DSS. CSE and Sampson County CSE 

Lenora McCracken v Department of Human Resources 

Donald Lee Rodgers Sr v Rowan County CSE, DHR. DSS. CSE 

Derrick Siurdivani v Deparimeni of Human Resources 

Clyde Williams v DHR. DSS. CSE. and Pitt County CSE 

Lee R Jones v Department of Human Resources 

Cecil Hall v Deparimeni of Human Resources 

Gregory Mellon v Deparimeni of Human Resources 

Neil G McGilberry v Department of Human Resources 

DevinJ Hello V Deparimeni of Human Resources 

Phillip R Banner v Department of Human Resources 

Scon M Rodriguez V Department of Human Resources 

James Withers v Deparimeni of Human Resources 

David M Greene v Buncombe County CSE and DHR. DSS. CSE 

Jarmarle .Arnold v Deparimeni of Human Resources 

Sean Heiiz v Deparimeni of Human Resources 

Nathan S Lockhari Sr v Deparimeni of Human Resources 

Scon James Peirill v Department of Human Resources 

Daniel E Carpenter v Deparimeni of Human Resources 

Daniel D Morse v Department of Human Resources 

Daryl E Shankle v Child Support Enforcemenl Agency 

Jeffrey William Sirama v Deparimeni of Human Resources 

Joseph Fernandez v Department of Human Resources 

Johnny Lewis Fields v Department of Human Resources 

Alfred Covington v DHR. DSS. CSE and Burke County CSE 

Tommy L Hines Sr v Forsyth County Child Support Enforcement 

Kelvin Cherry v DHR. DSS. CSE. Durham Ciy CSE and Wake Cty CSE 

Irvan Jemal Fonienoi v Deparimeni of Human Resources 

Pearlie Blakney v Deparimeni of Human Resources 

Leroy Grooms v Department of Human Resources 

Sarah Chambers v Department of Human Resources 

Leroy Grooms v Deparimeni of Human Resources 

Pedro Baltazar Jocobo v Department of Human Resources 

Theodore McCleese v Department of Human Resources 

Genru Jefferson Ward v Department of Human Resources 

James .Allen Harris v Department of Human Resources 

John C Henderson V Deparimeni of Human Resources 

W'llliam A Rogers V Department of Human Resources 

Mark R Kearney v Department of Human Resources 

Michael J Powell v Deparimeni of Human Resources 

Joseph Dav is v Department of Human Resources 



CASE 




l)A 1 K OK 


NinVIBER 


AU 


DECISION 


%CSE 1358 


Mann 


10/16/97 


')^ CSE 1382 


Becton 


07/11/97 


9b CSE 1384 


Morrison 


07/24/97 


% CSE 1403 


Morrison 


09/25/97 


9b CSE 140ti*'" 


Reilly 


08/21/97 


9ti CSE 144h 


Mann 


10/22/97 


9t>CSE 144')»"' 


Reilly 


08/21/97 


% CSE 1453*'' 


Chess 


07/22/97 


% CSE 1455 


Mann 


07/18,''97 


flh CSE 145(1 


Gray 


06/25/97 


% CSE 14b0«-'" 


Smith 


09/05.'97 


%CSE 1473 


Reilly 


08/21/97 


flp CSE 1480*' 


Morrison 


07/ 15 '97 


%CSE 1488 


Becton 


10/14/97 


% CSE L508»" 


Mann 


08/13/97 


%CSE 1512 


Becton 


09/11/97 


%CSE 1521*" 


Phipps 


07/24/97 


%CSE 1527 


Reilly 


06/25/97 


%CSE 1528 


Reilly 


09/24/97 


%CSE 1558 


Becton 


07/11/97 


9b CSE 156(5 


Smith 


09/05/97 


%CSE 1568 


Becton 


07/11/97 


96 CSE 1573 


Mann 


10/22/97 


96 CSE 1574 


Gray 


08/04/97 


96 CSE 1578 


Becton 


08/25/97 


96 CSE 1597 


Becton 


10/13/97 


9e CSE 1605*'* 


Chess 


11/03/97 


96 CSE IblO*'" 


Chess 


07/18/97 


9b CSE 1611 


Becton 


07/11/97 


96 CSE 1613 


Mann 


06/30/97 


96 CSE 1614»^' 


Gray 


08/18/97 


96 CSE 1619 


Becton 


10/13/97 


96 CSE 1622 


Mann 


06/18/97 


96 CSE 1639 


Becton 


10/13/97 


96 CSE 1644 


Mann 


06/30/97 


96 CSE 1667 


Becton 


10/13/97 


96 CSE 1672 


Chess 


10/09/97 


96 CSE 1688 


Becton 


10/13/97 


96 CSE 1719*' 


Phipps 


07/10/97 


96 CSE 1750*- 


Mann 


07/10/97 


96 CSE 1764 


Morrison 


09/17/97 


96 CSE 1766*'' 


Becton 


07/15/97 


96 CSE 1774 


Phipps 


07/16/97 


96 CSE 1802*-' 


Gray 


09/24/97 


96 CSE 1817*' 


Gray 


06/25/97 


96 CSE 1821 


Reilly 


08/21/97 


96 CSE 1844 


Becton 


10/06/97 


96 CSE 1853 


Becton 


10/14/97 


96 CSE 1909 


Chess 


07/22/97 


96 CSE 1910 


Phipps 


07/16/97 


96 CSE 1914 


Morrison 


07/30/97 


96 CSE 1917*'" 


Phipps 


07/25/97 


96 CSE 1942 


Chess 


08/19/97 


96 CSE 1977 


Becton 


07/11/97 


96 CSE 2043 


Becton 


07/11/97 


96 CSE 2066 


Chess 


08/21/97 


96 CSE 2084*- 


Smith 


10/02/97 


96 CSE 2086 


Becton 


10/06/97 


97 CSE 0015 


Reilly 


07/18/97 


97 CSE 0027 


Becton 


10/13/97 


97 CSE 0223 


Becton 


07/11/97 


97 CSE 0254 


Phipps 


07/24/97 


97 CSE 0258*" 


Becton 


07/18/97 


97 CSE 0278 


Morrison 


06/16/97 


97 CSE 0297*" 


Becton 


07/18/97 


97 CSE 0339 


Mann 


10/22/97 


97 CSE 0353 


Morrison 


08/05/97 


97 CSE 0381 


Chess 


08/22/97 


97 CSE 0401 


Mann 


10/16/97 


97 CSE 0408 


Smith 


09/05/97 


97 CSE 0410 


Gray 


06/25/97 


97 CSE 0417 


Reilly 


08/07/97 


97 CSE 0418 


Becton 


08/12/97 


97 CSE 0435*'* 


Phipps 


08/11/97 



PUBLISHKI) DECISION 
RKCiLSTKRClTAnON 



12:16 



NORTH CAROLINA REGISTER 



February 16, 1998 



1600 



CONTESTED CASE DECISIONS 



AGK.NC^ 

James G Davis v Dcparimcni of Human Resources 

Randy Gavurnik v Dcparimcni of Human Resources 

Cunis Leon Mock v. Department of Human Resources 

Daniel E- Carpenter v Department of Human Resources 

Juan L- Allen v. Department of Human Resources 

Donald Mac Tipton v Department of Human Resources 

Gu> R Auger v Brunswick County Child Support Enlbrccment 

Andrew J Hough v Department of Human Resources 

Michael V Dockery v Department of Human Resources 

William Irving Commodore v Department of Human Resources 

David F Norman v Department of Human Resources 

Richmond P Lambert III v. Department of Human Resources 

Carvin Ray Burns v Department of Human Resources 

Mar F Jones v Department of Human Resources 

Sharron S Chappcll v Department of Human Resources 

Denis J Quinn v Department of Human Resources 

Franklin DcAngclo Staten v Department of Human Resources 

Roosevelt Alston v Department of Human Resources 

Steve E Young v Department of Human Resources 

James Alan Letchworlh v Department of Human Resources 

Nathaniel D Carter v Department of Human Resources 

Dennis W Glowers v Department of Human Resources 

Tracy A Merrill v Department of Human Resources 

Randy Shaw v Department of Human Resources 

Daniel J McDowell v Department of Human Resources 

Enrico Phineas Achcr v Department of Human Resources 

Roger Waldren v Department of Human Resources 

Randy Allen Vore v Department of Human Resources 

Ramona G Garrett v Department of Human Resources 

Alan M Greenberg v Department of Human Resources 

Waller McNeil v Department of Human Resources 

George J Kozykowski Jr v Department of Human Resources 

Johnny Lee Barileti Jr v Department of Human Resources 

Donald Monroe v Department of Human Resources 

William F Driscoll v Department of Human Resources 

Herherto Garcia v Department of Human Resources 

Wayne Deross v Department of Human Resources 

Kenneth B Smith v Department of Human Resources 

David S McCullar v Department of Human Resources 

Dennis McNeill v Department of Human Resources 

David Hobson v Department of Human Resources 

Jerry Whitley v Mecklenburg County Child Support Enforcement 

Linda Wade-Hargrove v Department of Human Resources 

Regina C Sullivan v Department of Human Resources 

Ten Lynne Lanier v Department of Human Resources 

Katrina T Johnson v Department of Human Resources 

Clarisa Carter Watson v Department of Human Resources 

Paulette Duggms Rtxigers v Department of Human Resources 



INSURANCE 

Joseph J Peacock ' 



Department of Insurance 



JUSTICE 

Barbara Carter Irons v DHR. DiMsion of Facilitv Services 

Paul Harvey Taylor v Department of Justice, Company Police Program 

Christopher Michael Lynn v Company Police Program 

William G Fisher v Consumer Protection. Department of Justice 

Imran Ramnanne v Department of Justice. Company Police Program 

Alarm Systems licensing Board 

Kim Brian Phelps v .Alarm Systems Licensing Board 

Darnel Joseph Dunne. Ill v .Marm Systems Licensing Board 

Education and Training Standards Division 

Charles Thomas Ohnmacht. Jr v Criml. Justice Ed Training Stds, Comm 
Jon Randolph O'DcU v Cnml. Ju.siice Ed Training Stds. Comm 
James Haywood Mathews. Jr v Criml Justice Ed. Training Stds Cimim 
Teresa D Wright v Sheriffs' Ed. & Traimiig Stds. Comm. 
Christopher Lee \ Criminal Justice Ed & Training Standards Comm. 
Steven Wayne Olsen v Criminal Justice Ed & Training Standards Comm 
Edward Delano Hammock v Criminal Justice Ed i Training Sds Comm 
Garfield Duncan Wlnuiker v Criminal Justice Ed. i Training Sids. Comm 
Joseph Loniiie Wesson v Criminal Justice Ed. ^t Training Standards Comm si 
Frank .Arlander Hearne v Cnml Justice Ed. tt Training Stds Comm 



CA.SK 




NIMHKR 


\IJ 


97 CSE 044X 


Gray 


97 CSE 0454 


Morrison 


97 CSE 0490 


Mann 


97 CSE 0501 •■- 


Phipps 


97 CSE 0550 


Smith 


97 CSE 0564 


Gray 


97 CSE 0600 


Morrison 


97 CSE 0615 


Reilly 


97 CSE 0642 


Mann 


97 CSE 0671 


Mann 


97 CSE 0672 


Gray 


97 CSE 0712 


Morrison 


97 CSE 0751 


Becion 


97 CSE 0777 


Phipps 


97 CSE 0789 


Morrison 


97 CSE 0794 


Reilly 


97 CSE 0822 


Morrison 


97 CSE 0874 


Phipps 


97 CSE 0876 


Mann 


97 CSE 0919 


Reilly 


97 CSE 0931 


Smith 


97 CSE 0944 


Becton 


97 CSE 0947 


Phipps 


97 CSE 0981 


Gray 


97 CSE 0984 


Morrison 


97 CSE 0990 


Reilly 


97 CSE 1042 


Chess 


97 CSE 1071 


Mann 


97 CSE 1108 


Morrison 


97 CSE 1311 


Smith 


97 CSE 1324 


Becton 


97 CSE 1397 


Phipps 


97 CSE 1398 


Mann 


97 CSE 1449 


Gray 


97 CSE 1469 


Morrison 


97 CSE 1477 


Morrison 


97 CSE 1500 


Gray 


97 CSE 1520 


Becton 


97 CSE 1546 


Mann 


97 CSE 1552 


Reillv 


97 CSE 1747*^^ 


Phipps 


97 CSE 2037 


Reilly 


97 DCS 0365 


Becion 


97 DCS 0482 


Becton 


97 DCS 0738 


Smith 


97 DCS 0856 


Becton 


97 DCS 0909 


Gray 


97 DCS 1238 


Smith 


9(s INS 0433 


Becton 


97 DOJ 0669 


Phipps 


9'DOJ091h 


Reillv 


0-DOJ 1120 


Chess 


9^ DOJ 1 31X1 


Mann 


9-' DOJ 2071 


Becton 


96 DOJ 1785 


Gray 


97 DOJ 0868 


Phipps 


96 DOJ 0353 


Phipps 


9(1 DOJ 14b(s 


Phipps 


96 DOJ 195- 


Reilly 


9^ DOJ 0035 


Morrison 


9- DOJ 00-6 


Morrison 


9- DOJ 00 — 


Phipps 


9- DOJ 00-8 


Grav 


9- DOJ 0121 


Phipps 


9- DOJ 0130 


Reillv 


9^ DOJ 013- 


Reilly 



DATE OF 


DECLSION 


07 28 97 


08 04 97 


06.17 97 


07 25 97 


09 05 97 


09 15 97 


07.18 97 


0821 97 


10 03 97 


10 03 97 


07 28 97 


10 06 97 


09 11 97 


08 28 97 


12 04 97 


09 24 97 


11 06 97 


01 14 98 


12 04 97 


12 08 97 


09 25 97 


09 1 1 97 


11 1897 


12 11 97 


09 10 97 


1 1 05 97 


10 13 97 


10 07 97 


12 04 97 


12 08 97 


09 11 97 


0113 98 


02 03 98 


02 02 98 


02 02 98 


02 02 98 


02 02 98 


02 02 98 


01 12 98 


02 02 98 


07 24 97 


08 21 97 


07 II 97 


07 18 97 


09 05 97 


09 24 97 


10 02 97 


12 08 97 


07 25 97 


08 2^ 9^ 


10 03 97 


10 22 97 


01 15 98 


06 1 1 9- 


08 08 97 


09 12 97 


06 13 9^ 


09 lh9- 


07 31 97 


01 08 98 


06 19 97 


08 2 1 9- 


12 19 9- 


1 1 04 0- 


tiS 2o 'J- 


Ob 10 0- 



PI BLISHKD DECLSION 
REGLSTKR CITATION 



12 04 NCR 327 



I2O0NCR 501 



1601 



NORTH CAROLINA REGISTER 



February 16. 1998 



12:16 



n>Nn:sn:i> c\si: dicisioisis 



I 



ACftNCV 

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llientl.t Joyee Hiooks I ovely v .Si.tle Mo.iid ot I ihu .iiitin 
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I.' II NCK 'IK/ 



I2:lf> 



NOKTII CAROIJNA KIX.ISII.K 



rchniiirv 16, l<)<)H 



1002 



CONTESTED CASE DECISIONS 



a(;encv 

Tone M Osborne v, Deparimcnt of Correcllon 

Dennis M Buicher v. Department of Correction 

Lonnie F. McCaskill. Ill v Department of Correction 

William E- McCaskill v. Department of Correction 

William A- Richv. Department of Correction 

Andrew Pinto v Department of Correction 

Regina Draughon v Department of Correction. Duplin Correctional Ctr. 

Ronald M. Johnson v. Emp, Rel. Comm.. DOC (Morrison Youth Inst ) 

Stanley L. Ingram v. Department of Correction 

Randy L Tompkms v. Department of Correction 

Regmald W Lewis v. Piedmont Corr. Institute. Mr. T. Pinion. Cpt. 

K- Fry. Sgt. Dancy. SCT. B. Crawford 
Donald W, Keith v Department of Correction 
Frances A. Holden v Lumberton Correctional Institute 
Thomas Woolridge v Lumberton Correctional Institute 

Crime Control and Public Safety 

Timothy M. Lassiter v. Crime Control & Public Safely. St Hwy Patrol 

Carroll E Ward v State Highway Patrol 

Employment Security Commission 
Broxie J Nelson v Employment Security Commission 
Sandra T. Shearin v. Employment Security Commission 
Mary H Ranson v Employment Security Commission 
Carrie F. Luther v Employment Security Commission 
Frances P Gray v Employment Security Commission 

Environment, Health, and Natural Resources 

Dowell Gray v Department of Environment and Natural Resources 
and 
Onslow County Department of Health 
James Fred Swain v. Environment. Health, and Natural Resources 
James S. Kanlor v. Environment, Health, and Natural Resources 

Human Resources 

Betty J Souther v New River Area MH/DD/SA Program 

Kenneth B Cooper v Piedmont Area Mental Health 

Willie D Parks v Cherry Hospital. Department of Human Resources 

Robert Tilson Morley v. Department of Human Resources 

Glen Sutton v Cumberland County Department of Social Services 

Brenda C Burgess v. Dept of Human Resources (Broughton Hospital) 

Felicia Ann Baker v Lenoir County DSS. Jack B. Jones 

Sharron S Moten v. Lenoir County DSS. Jack B, Jones 

Pamela Massey v Department of Human Resources 

Clifton Dean Hill v Department of Human Resources 

Bennie Allen Suttle v Department of Human Resources 

Calvin E Kaiser v. Southeastern Mental Health Center 

Sandra Riley v Onslow County Department of Social Services 

Vicky Angel Morgan v Buncombe County Department of Social Services 

Rick A Sanders V Department of Health and Human Services 

Troy Gaines v Durham County Mental Health Department 

Edward Percell Eason v Department of Human Resources 

Dale Dees v Trend Community Mental Health Services 

Lisha Dawn Byrd v Human Resources (Western Carolina Center) 

Richard G Sleeves v Scotland County Board of Health 

.Antonio A Archibeque V Barbara D Whitley. Dir. Stanly County DSS 

DHR. Deaf & Hard of Hearing CNCSD. Evonne Broadnax v DHR. 

Deaf & Hard of Hearing CNCSD 
Richard G Sleeves v Scotland County Board of Health & Scotland County 
Julia R Baker v. Union County Department of Social Services 

Public Instruction 

Frances Phillips Melon v Department of Public Instruction 
Dowell Gray v Department of Environment and Natural Resources 
and 
Onslow County Department of Health 



C.A.SE 




DATE OF 


PLFBLISHED DECISION 


NT^IBER 


AIJ 


DECISION 


REGISTER CITATION 


97 OSP0601 


Smith 


10/27/97 




97 OSP 0745 


Reilly 


12/10/97 




97OSP0761 


Gray 


10/02/97 




97 OSP 0770 


Becton 


09/26/97 




97 OSP 0853 


Mann 


12/23/97 




97 OSP 0873 


Becton 


10/31/97 




97 OSP 0883 


Phipps 


12/19/97 




97 OSP 0940 


Gray 


10/02/97 




97 OSP 1075 


Mann 


12/23'97 




97 OSP 1110 


Smith 


12/16/97 




97 OSP 1276 


Smith 


12/02/97 




97 OSP 1294 


Chess 


01/14/98 




97 OSP 1321 


Becton 


12/31/97 




97 OSP 1401 


Becton 


12/19/97 




97 OSP 0423 


Phipps 


10/29/97 




97 OSP 0750 


Mann 


09/16/97 




96 OSP 0378 


Becton 


07/10/97 




97 OSP 0293 


Phipps 


01/07/98 




97 OSP 0387 


Mann 


07/24/97 




97 OSP 0943 


Mann 


01/12/98 




97 OSP 0948 


Smith 


01/13/98 




97 OSP 0374»" 


Gray 


12/01/97 


12:13 NCR 1222 


96 OSP 0440 


Gray 


10/02/97 


12:09 NCR 851 


96 OSP 0633 


Smith 


09/30/97 


12:09 NCR 854 


94 OSP 0327 


Becton 


10/20/97 




95 OSP 0312 


Smiih 


12/19/97 




96 OSP 06 17 


Phipps 


09/10/97 




96 OSP 0969 


Gray 


08/21/97 




96 OSP 1296 


Gray 


07/17/97 




96 OSP 1485 


Phipps 


10/13/97 




96 OSP 1664 


Becton 


12/05/97 




96 OSP 1665 


Becton 


12/05/97 


12:13 NCR 1215 


96 OSP 1927 


Beclon 


08/28/97 


12:06 NCR 497 


97 OSP 0007 


Phipps 


06/20/97 


12:02 NCR 107 


97 OSP 0069 


Reilly 


09/30/97 




97 OSP 0073 


Gray 


08/08/97 




97 OSP 02 17 


Reilly 


10/14/97 




97 OSP 0283 


Becton 


10/02/97 




97 OSP 0307 


Reilly 


10/16/97 




97 OSP 0347 


Mann 


08/05/97 




97 OSP 0363 


Gray 


08/15/97 




97 OSP 0402 


.Mann 


11/24/97 


12:12 NCR 1087 


97 OSP 0491 


Morrison 


08/28/97 




97 OSP 0622*^ 


Phipps 


10/21/97 




97 OSP 0663 


Smith 


09/02/97 




97 OSP 0756 


Becton 


09/03/97 




97 OSP 0760*- 


Phipps 


10/21/97 




97 OSP 0783 


Gray 


10/13/97 




95 OSP 0907 


Trawick 


06/09/97 




97 OSP 0374*-" 


Gray 


12/01/97 


12:13 NCR 1222 



i 



Transportation 

Tommie R. Jones. Samuel W. Winstead. Timothy C, Sturges. Michael J. 

Boone, and Ronnie Batchelor v. Dept. of Transportation. Div. of Motor 

Vehicles. Enforcement Section 
Tommie R. Jones. Samuel W. Winstead. Timothy C. Sturges. Michael J. 

Boone, and Ronnie Batchelor v. Dept of Transportation. Div. of Motor 

Vehicles. Enl'orcement Section 



96 OSP 078 P 



96 OSP 0782 



Phipps 



Phipps 



11/13/97 



11/13/97 



12:11 NCR 979 



12:11 NCR 979 



( 



1603 



NORTH CAROLINA REGISTER 



Febnian' 16, 1998 



12:16 



CONTESTED CASE DECISIONS 



AGENCY 

Tomniie R Jones, Samuel W Winsiead, Timolhy C, Slurges. Miehacl J. 

Boone, and Ronnie Balchclor v DepC. of Transporlalion, Div ol Motor 

Vehicles, Enforcement Section 
Georgia B. Warren v. Depi. of Transportation. Div. of Motor Vefiicles, 

Enforcement Section 
Tommie R, Jones. Samuel W. Winsiead. Timothy C Sturges. Michael J, 

Boone, and Ronnie Batchelor v Depi. of Transportation. Div of Motor 

Vehicles. Enforcement Section 
Tommie R. Jones. Samuel W. Winstead. Timothy C Sturges. Michael J. 

Boone, and Ronnie Batchelor v Depi- of Transportation. Div, of Motor 

Vehicles. Enforcement Section 
Wendell L Webb v. Departmenl of Transporlalion. Ferry Division 
Wendell L. Webb v. Department of Transportation. Ferry Division 
Frank A. Tice. Ill v, Departmenl of Transporlalion 
Roy J Abboit v. Departmenl of Transportation 
James French v. Department of Transportation 

University of North Carolina 

Boyd S. Taylor v, NC Central University 

Diane Riggsbee-Raynor v. UNC at Chapel Hill 

Helen Mclntyre v. UNC-TV University of North Carolina 

Elaine P. Browne v. Winsion-Salem State University 

Carol Glosson v University of NC Hospitals ai Chapel Hill 

Theresa Rogers v University of NC Hospitals at Chapel Hill 

Ann O, Meares v, NC State University 

Jesse Daniels v. East Carolina University 

Darrell J. Hampton v. NC Central University 

Clinton A Browne v NC A&T State University 

Kenneth L. Jarman v East Carolina University 

William A Covington v. NC A & T State University 

Beth W Vinson v. Western Carolina University 

Viola Simmons v. UNC-Wilmington 

Helen Mclntyre v. UNC-TV University of North Carolina 

Helen Mclntyre v. UNC-TV University of North Carolina 

E Julius Carter v. UNC-Greensboro 

Edward L. Chatman v, UNC Hospital Marriot 

Wmifred Bird v. University of NC Hospitals at Chapel Hill 

SECRETARY OF STATE 

Greenway Capital Corp & Stacey Lee Davis v. Securities Div. Sec'y/Staie 94 
Teresa M. CoUrain v Secretary of State 

STATE TREASURER 

Shelby H. Underwood, et.al. v. Trustees Teachers/St. Emp Ret. Sys. 
Richard Albert Jose v. Stale Treasurer Retirement Systems Div 
Annie Tharrington Harrington v. Trustees Teachers/St. Emp Ret. Sys. 

TRANSPORTATION 

Audrey W Harris v. Transportation. Manson/Wheat Contr . & Wake Elec 97 

UNIVERSITY OF NORTH CAROLINA 

Clinton S. Rogers v. UNC-Chapel Hill 



CASE 




DATE OF 


FUBLLSHED DECISION 


NUMBER 


AU 


DECISION 


REGI.STER CITATION 


96 OSP U783*-'' 


Phipps 


11/13/97 


12:11 NCR 979 


96 OSP 0784*-'' 


Phipps 


11/13/97 


12:11 NCR 979 


96 OSP 078.5*-'' 


Phipps 


11/13/97 


12:11 NCR 979 


96 OSP 0786*=" 


Phipps 


11/13/97 


12:11 NCR 979 


96 OSP nio*'' 


Phipps 


10/31/97 




97OSP0198*-' 


Phipps 


10/31/97 




97 OSP 0380 


Mann 


09/05/97 




97 OSP 0697 


Morrison 


12/05/97 




97 OSP 1252 


Smith 


12/16/97 




94 OSP 0363 


Chess 


09/12/97 




96 OSP 0326 


Chess 


06/04/97 


12:01 NCR 39 


96 OSP 0822 


Gray 


09/26/97 




96 OSP 1007 


Reilly 


09/24/97 




%OSP 1015 


Becion 


10/08/97 




96 OSP 1065 


Morrison 


10/23/97 




% OSP 1870 


Chess 


09/22/97 




97 OSP 01 23 


Morrison 


01/13/98 




97 OSP 0155 


Mann 


08/11/97 




97 OSP 0199 


Phipps 


09/18/97 




97 OSP 0249 


Gray 


09/26/97 




97 OSP 0686 


Becton 


08/29/97 




97 OSP 0762 


Phipps 


10/10/97 




97 OSP 0859 


Gray 


11/18/97 




97 OSP 0991 


Gray 


09/26/97 




97 OSP 1148 


Gray 


10/16/97 




97 OSP 1202 


Phipps 


11/05/97 




97 OSP 1384 


Phipps 


01/20/98 




97 OSP 1413 


Phipps 


01/12/98 




94 SOS 0097 


Gray 


10/28/97 




97 SOS 0499 


ReiUy 


10/22/97 


12:10 NCR 914 


96 DST 0390 


Reilly 


08/05/97 




97DST0281 


Reilly 


10/02/97 




97 DST 0866 


Mann 


01/15/98 


12:15 NCR 1468 


97 DOT 0566 


Gray 


07/28/96 




97 UNC 1062 


Becton 


10/31/97 





, 



12:16 



NORTH CAROLINA REGISTER 



February 16, 1998 



1604 



NORTH CAROLINA ADMINISTRATIVE CODE CLASSIFICATION SYSTEM 



I he North Carohna Adminislratne Code (NCAC) has four major subdivisions of rules. Two of these, titles and 
chapters, are mandatory. The major subdivision of the NCAC is the title. Each major department in the North 
Carolina executive branch of government has been assigned a title number. Titles are further broken down into 
chapters which shall be numerical in order. Tlie other two. subchapters and sections are optional subdivisions to 
be used by agencies when appropriate. 



TITLE/MAJOR DIVISIONS OF THE NORTH CAROLINA ADMINISTRATIVE CODE 
TITLE DEPARTMENT LICENSING BOARDS CHAPTER 



1 


Administration 


Acupuncture 


1 


2 


Agriculture 


Architecture 


2 


3 


Auditor 


Auctioneers 


4 


4 


Commerce 


Barber Examiners 


6 


5 


Correction 


Certified Public Accountant Examiners 


8 


6 


Council of State 


Chiropractic Examiners 


10 


7 


Cultural Resources 


General Contractors 


12 


8 


Elections 


Cosmetic Art Examiners 


14 


9 


Governor 


Dental Examiners 


16 


10 


Human Resources 


Dietetics/Nutrition 


17 


11 


Insurance 


Electrical Contractors 


18 


12 


Justice 


Electrolysis 


19 


13 


Labor 


Foresters 


20 


14A 


Crime Control & {*ublic Safety 


Geologists 


21 


15A 


Environment, Health, and Natural 


Hearing Aid Dealers and Filters 


22 




Resources 


Landscape Architects 


26 


16 


Public Education 


Landscape Contractors 


28 


17 


Revenue 


Marital and Family Therapy 


31 


18 


Secretary of State 


Medical Examiners 


32 


19A 


Transportation 


Midwifery Joint Committee 


33 


20 


Treasurer 


Mortuary Science 


34 


•21 


Occupational Licensing Boards 


Nursing 


36 


22 


Administrative Procedures 


Nursing Home Administrators 


37 


23 


Community Colleges 


Occupational Therapists 


38 


24 


Independent Agencies 


Opticians 


40 


25 


State Personnel 


Optometry 


42 


26 


Administrative Hearings 


Osteopathic Examination & Reg. (Repealed) 


44 


27 


NC Sute Bar 


Pastoral Counselors, Fee-Based Practicing 


45 






Pharmacy 


46 






Physical Therapy Examiners 


48 






Plumbing, Heating & Fire Sprinkler Contractors 


50 






Podiatry Examiners 


52 






Professional Counselors 


53 






Psychology Board 


54 






Professional Engineers & Land Surveyors 


56 






Real Estate Appraisal Board 


57 






Real Estate Commission 


58 






Refrigeration Examiners 


60 






Sanitarian Examiners 


62 






Social Work Cenit'ication 


63 






Soil Scientists 


69 






Speech & Language Pathologists & Audiologists 


64 






Substance Abuse Professionals 


68 






Therapeutic Recreation Certification 


65 






Veterinan' Medical Board 


66 



Note: Title 21 contains the chapters of the \'arious occupational licensing boards. 



7605 



NORTH CAROLINA REGISTER 



February 16, 1998 



12:16 



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4 



BARCLAYS OFFICIAL NORTH CAROLINA ADMINISTRATIVE CODE - 1997 



DESCRIPTION 



CODE 



ANNUAL 
SUBSCRIPTION PRICE 



Trie 1 - Depf. of Adrninistrarion - Complete Tirie 201 00 001 

Division of Purchase & Contract 201 10 051 

Federal Block Grant Funds 20110331 

Tirie 2 - Dept. of Agriculture - Complete Tirie 202 00 001 

Food & Drug Protection Division 202 15 091 

Structural Pest Control Committee 202 15 341 

Agricultural Markets 202 15 431 

Plant Industry 202 15 481 

Animal Industry 202 15 521 

Tirie 3 - Dept. of Stote Auditor - Complete Tirie 203 00 001 

Tirie 4 - Dept. of Commerce - Complete Tirie 204 00 00 1 

Alcoholic Beverage Control Commission 204 15 021 

Banking Commission 204 15 031 

Credit Union Division 204 15 061 

Savings & Loan Division 204 15 091 

Industrial CommissionAVorkers Compensation 204 15 101 

Savings Institutions Division 204 15 161 

Tirie 5 - Dept. of Corrections - Complete Tirie 205 00 001 

Division of Prisons 205 15021 

Tirie 6 - Council of State ■ Complete Tirie 206 00 001 

Tirie 7 - Dept. of Cultural Resources • Complete Tirie 207 00 001 

Tirie 8 - State Boord of Elections - Complete firie 208 00 001 

Tirie 9 - Offices of riie Governor & Lt. Governor - Complete Tirie 209 00 00 1 

Tirie 10 - Dept. of Human Resources - Complete Tirie 210 00 001 

Licensing of Health Facilities 210 20 101 

Detention Facilities 210 20 201 

Mental Health & Rehabilitation Services 210 20 301 

Social Services 210 20 401 

Children Services/Day Care 210 20 41 1 

Services for the Aging 210 20 421 

Services for the Blind 210 20 431 

Services for the Deaf & Hard of Hearing 210 20 441 

Employment Opportunities . 210 20 451 

Tirie 1 1 - Dept. of Insurance - Complete Tirie 211 00 001 

Insurance 211 10 01 1 

Consumer Services 211 10 041 

Fire & Rescue Services 211 10 051 

Agent Services 21110 061 

Engineering & Building Codes 211 10 081 

Tirie 1 2 - Depf. of Justice - Complete Tirie 2 1 2 00 00 1 

Private Protective Services 212 10 071 

Policy & Sheriff's Education & Training Standards 212 10 091 

NC Alarm Systems Licensing Board 212 10 111 

Tirie 1 3 - Dept. of Labor - Complete Tirie 2 1 3 00 00 1 

Mine & Quarry Safety 213 15 061 

General Safety/OSHA 213 20 001 

Wage & Hour Rules 213 15 121 

Boiler & Pressure Vessel Safety 213 15 131 

Apprenticeship & Training 213 15 141 

Elevator & Amusement Device Safety 213 15 151 

Tirie 14A - Dept. of Crime Control & Public Safety - Complete Tirie 214 00 001 

Alcohol Law Enforcement 214 00 081 

Victims Compensation Fund 214 00 I 1 1 

Tirie 15A - Dept. of Environ., Heairfi, & Nat. Resources - Complete Tirie 215 00 001 

Environmental Management 215 15 001 

Air Quality 215 15 101 

Water Qujiiiv 215 15 201 

Land & Waste Management 215 15 301 

Solid Waste M.inagement 215 15 311 



$90.00 

$30.00 
$25.00 

$140.00 

$35.00 
$30.00 
$30.00 
$30.00 
$30.00 

$25.00 
$125.00 

$45.00 
$45.00 
$25.00 
$25.00 
$30.00 
$35.00 

$70.00 

$35.00 

$30.00 
$60.00 
S30.00 
$45.00 
$470.00 

$95.00 

$40.00 

$110.00 

$185.00 

$55.00 

$45.00 

$40.00 

$25.00 

$45.00 

$90.00 

$80.00 
$30.00 
$25.00 
$35.00 
$30.00 

$90.00 

$30.00 
$40.00 
$30.00 

$110.00 

$25.00 
$70.00 
$25.00 
$25.00 
$25.00 
$25.00 

$45.00 

$25.00 
$25.00 

$395.00 

$165.00 
$90.00 
$85.00 
$85 00 
$50.00 



DESCRJPTTON 



CODE 



ANNUM 
SUBSCRIPTION PRICE 



Underground Storage Tanks 

Coasial Management, Fishing & Boating 

Environmental Health 

Radiation/Nuclear Waste 

Sanitation 

Public Health 

Intoxilizer & Breathalizer 

Trtie 1 6 - Dept. of Public Instruction • Complete Titie 

Elementary & Secondary Education 

Titie 17 - Department of Revenue - Complete Title 

Taxes on Individuals 
Taxes on Business 
Sales St Use Tax Division 
Motor Fuels Tax Division 

Titie 1 8 • Secretary of State - CompIeteTitie 

Securities Division 

Titie 1 9A - Dept. of Transportation - Complete Title 

Division of Highways 
Division of Motor Vehicles 

Titie 20 - Dept. of the State Treasurer • Complete Trtie 

Titie 21 • Occupational Licensing Boards - Complete Fitie 

Titie 22 - Administrative Procedures - Repealed 

Titie 23 - Community Colleges • Complete Titie 

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215 15401 
215 25 001 
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215 25 201 
215 25 301 

215 25 311 

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216 10061 

21700 001 

217 15 101 
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217 15 271 

217 15 291 

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218 10 060 

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219 10021 

219 10031 

220 00 001 

221 00 001 
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223 00 001 

224 00 001 

225 00 001 

226 00 001 

227 00 001 
299 99 981 

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